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(영문) 부산지방법원 2015.11.17 2015고단3972

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five 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 of a three-dimensional vehicle.

On March 19, 2015, the Defendant was driving the said car at around 14:58 on March 19, 2015, and came to the left at the seat of the apartment house located in the jurisdiction of the city of the city of the city of the city of the Busan.

In such cases, while neglecting the duty of care to drive safely by properly examining the front side and the left side, the body part of the victim D (the south and the age of 82) who walked in the direction of the course due to negligence of left-hand turn, was placed in the front part of the front part of the defendant's vehicle and caused the head part to face on the road while the victim goes beyond the back.

Around 08:05 on March 21, 2015, the Defendant, by such occupational negligence, did not take necessary measures despite having suffered from cerebral cerebral ties, etc. to the victim, and went away, and caused the death of the victim, such as cerebral liver, etc. at the Busan Shipping Daegu Maritime Co., Ltd. Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A death diagnosis report and a written record of autopsy;

1. Application of the Acts and subordinate statutes to a traffic accident report and investigation report (CCTV fluorgic fixs);

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. Selection of punishment and limited imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the range of recommending punishment) of the Act on Discretionary Mitigation is [the range of punishment] The reason for sentencing of Article 53 and Article 55(1)3 of the Act on Discretionary Mitigation [the range of punishment] The reason for the escape after traffic accident [the range of escape after death (the death after death)] is three types of traffic accidents.