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(영문) 전주지방법원 정읍지원 2014.01.21 2013고단465

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CP car.

At around 01:20 on June 8, 2013, the Defendant, at the same time, proceeded with one-lane road in front of the original sub-section of the Suduk Village, from the security to the sub-section of the sub-section of the sub-section of the sub-section.

At night, there was a duty of care to reduce speed and prevent accidents in advance by making it possible for a person engaged in driving a motor vehicle to be engaged in driving a motor vehicle, as it is located adjacent to the village by a road leading to the location of the commercial documents.

Nevertheless, the defendant neglected this and neglected to discover and reverse the victim D(30 years of age) due to the negligence that was going through due to neglecting the prior-time care.

Ultimately, even though the Defendant caused the death of the victim by the shock by the shock by the dunes of ducts, etc. at the above occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The first protocol concerning the examination of the suspect against the accused;

1. Each police statement concerning E and F;

1. The actual survey report and on-site photographs;

1. A death certificate;

1. Written reply to a request for appraisal, and a request for appraisal (vehicle and clothes appraisal);

1. Application of Acts and subordinate statutes to investigation reports (distribution of speed limit marks);

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person commits a crime and misleads the person in question, and the fact that the person has agreed with the victim

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Social service order under Article 62-2 of the Criminal Act;