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(영문) 대전지방법원 홍성지원 2016.08.16 2016고단248

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 sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty to drive CPoter II cargo vehicles.

On March 18, 2016, the defendant driving the above cargo vehicle around 19:40, and led the road in front of the parking lot D, Chungcheongnam-nam Budget Center, to turn to the left at the seat of the Goduk Health Center.

At the time, there was a situation where the house was concentrated around the time, and there was a duty of care to prevent accidents in advance by driving safely, such as checking whether a person engaged in driving of a motor vehicle is a pedestrian by taking care of it well in such a case.

Nevertheless, the Defendant neglected this and did not discover the victim E (the age of 80) who was standing on the road that was going on as it was due to negligence, and did not discover the victim E (the age of 80) and had the victim go beyond the ground.

Although Defendant 1 suffered from an injury, such as an injury to the body of dubs, which could not be known during the treatment period due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party. Ultimately, the Defendant 20:32 of the same day, which was sent to the Defendant, led the victim to the death of the injured party, such as the labing away from the budget-based hospital located in the budget-based hospital located in the 26th day, due to the death of the injured party.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A criminal investigation report (STV image verification);

1. Response to a request for appraisal;

1. On-site photographs and CCTV images;

1. Application of Acts and subordinate statutes of death certificate (E);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The Criminal Act, the suspension of execution;