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 four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.
On September 23, 2014, the Defendant driven the above cargo vehicle on September 23, 2014, and proceeded with a road of the front of the apartment in the direction of the front side of the transmission site in the remote direction in the direction of the front side of the apartment in the direction of the transmission site.
At the time of night, in such a case, there was a duty of care to operate the steering staff by properly operating the steering and steering system while living well the steering staff of the vehicle.
Nevertheless, the Defendant neglected this and did not discover the victim D (the age of 42) who was walking on the front side of the Defendant’s vehicle due to negligence, and did not look at the front side of the said cargo, and shocked the part on the right side of the victim’s left shoulder and left side with the front part of the said cargo.
Ultimately, the Defendant, by occupational negligence as seen above, caused the victim to die in the same workplace due to the diversified damage, and did not immediately stop and take necessary measures, and escaped as it is.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A written result of autopsy;
1. Application of Acts and subordinate statutes to written autopsy and appraisal;
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 5-3 (1) of the same Act, the
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [Scope of Recommendation] The three types of escape (the escape (the escape after death) after traffic accident, [the two years and six months to four years] mitigation area (including the efforts to recover damage] [the decision of sentence] the defendant reflects his mistake, there is no record of punishment exceeding the fine, and there is no victim's bereaved family member want not to be punished.