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(영문) 대구지방법원 의성지원 2010.09.16 2010고단76
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) is a person engaged in driving D automobiles.

On April 13, 2010, the Defendant driven the said car while under the influence of alcohol on April 13, 2010, and proceeded front of the road E in front of the Cheongsong-gun, Cheongsong-gun from Fside to the Cheongsong.

At the time of night, the defendant engaged in driving of a motor vehicle had a duty of care to prevent the accident in advance by driving the motor vehicle safely by keeping the front door well.

Nevertheless, the Defendant neglected to do so and found the victim G (the age of 43) late, followed the victim by the said passenger car, and caused the victim to die due to multiple, long-term damage on the job.

Although the Defendant caused the death of the victim by occupational negligence above, the Defendant immediately stopped and escaped without taking measures.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a DNA automobile with no mandatory insurance policy.

Defendant,

A. At around 12:00 on April 12, 2010, the said passenger car was operated at the Hcafeteria of the Cheongsong-gun, Cheongsong-gun;

B. Around 19:00 on April 12, 2010, the car was operated by I in the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-do;

C. Around 01:40 on April 13, 2010, the Cheongbuk-gunJ operated the said car.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of K witness K;

1. Each police record statement of L, M, N,O, P, and Q;

1. A report on traffic accidents and a report on actual condition;

1. A written request for autopsy and a written request for autopsy and appraisal;

1. A statement on genetic analysis and appraisal (78 pages of investigation records);

1. Each reference table for fact-finding (as of July 12, 2010, August 10, 201);

1. Each investigation report (50,52,56,58 pages of investigation records);

1. Application of Acts and subordinate statutes to certificates of insurance coverage;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the escape after the negligence in the course of duty is selected: Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes; and

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