특정범죄가중처벌등에관한법률위반(도주차량)
A defendant shall be punished by imprisonment for a term of one year and three months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving of Poter Freight Vehicles.
On January 17, 2014, the Defendant, around 06:48, proceeded in front of the village 46 at the end of the Dopo-si, Youngnam-gun, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si.
Since it was difficult at the time to transfer a new wall, a person engaged in driving service did not discover the victim D (n, 81 years old) who walked in the direction of the spons in the front side of the road due to the negligence of driving the vehicle while neglecting the duty of care to prevent the accident in advance, while driving the vehicle in a safe way.
The Defendant, by occupational negligence, caused the death of the victim due to the severe breakdown due to multiple organs damage and escaped without immediately stopping and taking necessary measures.
Summary of Evidence
1. Defendant's legal statement;
1. Report on internal investigation (Analysis of video-recording devices for vehicles);
1. The actual condition survey report and evidence and photographs of the scene of a traffic accident;
1. Application of Acts and subordinate statutes on a written autopsy;
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. Articles 52 (1) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)
1. Determination of types of crime: Escape after traffic accident;
2. Determination of the scope of sentence: The lower limit of 1/2 shall be mitigated, given that there are more than two persons to be specially mitigated in terms of mitigation area, and one year and March, respectively, and there are more than two persons to be specially under special mitigation.
4. Persons who are subject to special mitigation: Self-denunciation and not subject to punishment)
3. The crimes committed in the event that the defendant has committed an accident resulting in death even though the decision of sentence or the suspension of execution has been rendered;