특정범죄가중처벌등에관한법률위반(도주차량)
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 becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving Cone Star A.S. car.
On December 20, 2013, the Defendant driven the above vans around 18:30 on December 20, 2013, and, at the speed of about 50km in speed, the Defendant driven the 799 full-time road in front of the full-time steel in the direction of a mid-term forest shooting distance from the surface of the forest shooting distance at a speed of about 50km.
Since it was a road with the right side, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the right and the right and the right and the right and the right of the motor vehicle and by accurately manipulating the steering and brakes.
Nevertheless, the defendant neglected this and proceeded as it is, and the head and the right bridge part of the victim D (the age of 71) coming to the direction of the defendant's proceeding and the right bridge part, etc. coming to the opposite direction according to the right edge of the road.
The Defendant, by negligence in the course of performing such duties, sustained bodily injury, such as an unknown dubs and a dubs of the inner frame, etc., which requires medical treatment for about 14 weeks, and escaped without immediately stopping and taking necessary measures, such as providing relief. Accordingly, the Defendant, on April 21, 2014, caused the death of the victim by a multi-long-term functional unit.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement to E by the police;
1. A medical certificate or death certificate;
1. Application of the Act and subordinate statutes governing the real situation survey report, on-site photographs, protruding vehicles, photographs of skin vehicles, and emergency medical services logs;
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act regarding the crime (the point of escape and death after occupational injury, the point of death and 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. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order.