특정범죄가중처벌등에관한법률위반(도주차량)
1. The defendant shall be punished by imprisonment for a period of two years and six months;
2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;
Punishment of the crime
The defendant is a person engaged in driving a DNA car.
On July 14, 2016, the Defendant driven the above vehicle at a speed of about 60km, and proceeded at a speed of about 60km from the front side to the front side of the road adjacent to the FF Motor Vehicle Maintenance Station in Busan, Daegu E, Busan, at a speed of about 50km.
At the time, it was difficult to view the vehicle as a new wall time, so in such a case, there was a duty of care to check whether there was a person driving the vehicle, by checking well the right and the right of the vehicle, and to prevent the accident in advance by driving the vehicle safely.
Nevertheless, the Defendant neglected to do so and did not discover the victim G (W, 39 years of age) who was living in the front direction of the Defendant’s proceeding by negligence, and did not discover the victim G (W, 39 years of age) and charged the victim’s body part with the front wheels and the rear wheels of the said car.
Ultimately, the Defendant, as such occupational negligence, caused the victim to suffer injury, such as liver heat, etc., by immediately moving to the hospital, and had the victim escape without any necessary relief measures, and caused the victim's death to an excessive blood transfusion on July 18, 2016, while receiving medical treatment at the Maritime Bag Hospital located in the Busan Shipping Daegu Do, Busan.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Investigation report (for the analysis of black boxes and images);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the bereaved family members of the victim, the fact that the negligence on the part of the victim has contributed substantially to the occurrence of an accident, and