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(영문) 서울중앙지방법원 2014.02.17 2013고단7666

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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 02:47 October 27, 2013, the Defendant driven a DMW 525d-car on the road located in the 626rd line in Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul, at a speed of about 98 km in accordance with the first road. At night, the Defendant: (a) was driving a vehicle with a limited speed exceeding 38 km and driving a vehicle in excess of 525 km; (b) was driving a vehicle on the right side of the moving direction to the left side of the road; (c) was driving a vehicle in front of the Hannam-gu, Gangnam-gu, Seoul; and (d) was driving a vehicle at a speed of about 98 km in accordance with the first road; and (d) was driving a vehicle at night; (d) at night, the Defendant did not neglect the duty of care to reduce the speed and prevent the accident; and (d) did not immediately stop the vehicle to the right side of the victim; and (d) did not immediately stop the vehicle beyond the victim’s.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Entry of a traffic accident report;

1. To describe the corpse of autopsy;

1. Each image of photographic materials;

1. Application of each of the Acts and subordinate statutes stated in an investigation report;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considered grounds for discretionary mitigation, etc.);

1. The scope of the recommended sentence according to the sentencing guidelines [type] traffic crimes, escape after traffic accidents, death after death (type 3] mitigation factors: Victims shall also have the occurrence of traffic accidents;