특정범죄가중처벌등에관한법률위반(도주치사)
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.
(b) the finding of the victims being used, and the Defendant’s own telephone 112 at the time when ten minutes elapsed after the occurrence of the accident, is used on the way of “the people are on the way.”
In full view of the fact that “the Defendant reported” was aware of the occurrence of the instant accident, it can be sufficiently recognized that the Defendant left the scene of the accident.
Application of Statutes
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment for a limited term as to the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court] The defendant's escape from the traffic crime group after traffic accident [the victim's escape (the victim's escape after death or death)] is the area of special mitigation (if the victim was at considerable negligence in the occurrence of traffic accident or the expansion of damage, punishment is not imposed, punishment is not imposed, one year or three years from March to April): The correction of recommended punishment taking into account the lower limit of the applicable sentences under the law: two years and six months from June to four years [the decision of sentence] is the case where the defendant has died after receiving the victim and escaped, and the case is serious and its nature is not good.
However, in this case, there are many favorable circumstances for the defendant as follows.
In other words, the victims of elderly victims who were hospitalized in a nearby mental hospital due to mental illness have left the hospital without the permission of the hospital during one night, and have been seated in the middle of the road where the neighboring out-of-the-school road has been opened, and the occurrence of the accident and the expansion of damage are highly likely to cause the fault of the victim.
The victim's bereaved family members and the victim's bereaved family members have not been punished for the defendant.
The defendant has long been sentenced to a minor fine and has no record of crime in relation to this case.
The detention of the accused causes difficulties to the dependent.