beta
(영문) 울산지방법원 2017.11.02 2017고단3210

특정범죄가중처벌등에관한법률위반(도주치사)

Text

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

However, the execution of the above sentence shall be suspended for three 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 a car in E. A.

On May 9, 2017, the Defendant driven the above vehicle at around 00:20, and caused the victim to die without causing damage to the victim's sexual intercourse in the middle of Ulsan National University Hospital where medical treatment was sent at around 03:20 on the same day and without causing damage to the victim's sexual intercourse, while driving over 23 km speed of the restricted speed, while driving over 60 km in the direction of school sexual intercourse, while driving over the road at a speed of 60 km in the direction of school.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Each traffic accident analysis report;

1. Investigation report (including the details of securing and analyzing black stuff images);

1. CCTV 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 and Article 268 of the Criminal Act concerning the crime committed;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant's failure to punish the victim (including a serious effort to recover damage) in the event that the victim was at considerable negligence in the occurrence of traffic accident or the expansion of damage in the area of special mitigation (one year to three years and four years) after traffic accident (the escape (the escape after death) [the escape] [the victim] is disadvantageous to the defendant who did not immediately rescue the victim after the accident and leaves the scene.