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(영문) 대구지방법원 의성지원 2015.02.12 2014고단300
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle C1 ton.

1. On December 11, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) driven the above cargo vehicle, and led the Defendant to run the e-owned vehicle in the direction of the e-owned station in Gyeongsung-gun, Ging-gun, Ging-gun.

There are two-lanes of the length of the side on the right side, and there was a duty of care to prevent accidents by putting the front side and the right and the right on the person engaged in driving.

However, as the Defendant neglected to perform his duty at the time of the front-time, went away without taking necessary measures, such as immediately stopping the vehicle and providing assistance to casualties, while taking the victim F, who was walking on the opposite direction from the front-way side of the invasion direction (the age of 80) into the front-way part of the said cargo vehicle.

After that, at around 00:25 on December 12, 2014, the victim died from a low blood transfusion shock, etc. at the Yong-Nam Hospital located in the inside of the Gyeongbuk-gun.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, without purchasing mandatory insurance, driven the said cargo as stated in paragraph 1, at the time and place stated in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning traffic accident reports, mandatory insurance, death diagnosis reports, and postmortem inspection records;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes and Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Application of the sentencing criteria;

(a) Basic crime: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of types) and traffic crime group, and after traffic accidents;

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