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(영문) 대전지방법원 서산지원 2014.12.04 2014고단691

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Done Stars.

At around 19:40 on March 20, 2014, the Defendant driven the above van, leading the front side of the E in Seosan-si to the Jink-ro apartment from the middle distance.

At the time, since it is night and a sideway for people to pass, there was a duty of care to safely drive a vehicle, such as reducing speed and operating the steering side well, operating the steering and steering system accurately.

Nevertheless, the Defendant failed to discover the Victim G (the age of 71) who was walking along the right side of the progress due to negligent negligence while neglecting this, and did not immediately stop the victim, and did not take necessary measures, such as providing relief to the victim, etc., while making the victim go beyond the ground as the chief flick part of the Defendant’s flicker, which was the right side of his flick, and thereby, escaped without taking necessary measures, such as providing relief to the victim. Accordingly, the Defendant got the victim to receive medical treatment after being sent to the emergency room of the Seosan Medical Center in Seosan-si, Seosan-si, the next day was 05:02.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. An investigation report on the actual condition of a traffic accident, a traffic accident occurrence report, each request for appraisal, and an additional inquiry report for appraisal;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning criminal facts, the choice of limited imprisonment;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] The escape area of Type 3 (Death, etc. after Death) [the range of years and 6-4 years] mitigation area (including efforts to recover damage) [the decision of sentence] mitigation area (including efforts taken by a special mitigation), punishment not (including voluntary efforts to recover damage] [the decision of sentence] Defendant is walking along while driving a vehicle after drinking alcohol.