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(영문) 의정부지방법원 고양지원 2014.07.03 2014고단554

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of G rocketing vehicles.

On January 7, 2014, the Defendant driven the above vehicle at a speed of about 40 to 50 km from the west room to the erost apartment at the erost apartment, which is located in the erostal of the Sinju City, at the time of Pakistan, by driving the above vehicle at a speed of 06:45 meters.

The victim H(n, 72 years old) was used on the road before the bed, and it was difficult to secure the night view by leaving the road before sunrise at the time. In such a case, the driver of the motor vehicle had a duty of care to ensure that the driver of the motor vehicle is responsible for preventing accidents by accurately manipulating the steering and steering gear and accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected this and did not see the above victim due to negligence while driving the vehicle, and served the victim as a vehicle driving by the Defendant.

Even though the Defendant caused the death of the victim due to the damage of multiple organs by occupational negligence above, the Defendant left the place immediately and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to I by the police;

1. A traffic accident report;

1. An accident site or an accident vehicle photograph;

1. Protocol of inspection;

1. Requests for appraisal;

1. Written request for appraisal;

1. Application of Acts and subordinate statutes concerning requests for appraisal;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The Type 3 (Death, etc. after Death or Death) is the Special Mitigation Area (one year and three months to four years) (Special Mitigation Measures) (the victim) after traffic accident.