beta
(영문) 대전지방법원 2014.11.14 2014고단3261

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 17, 2014, at around 13:25, the Defendant driven the C Poter Cargo, without obtaining a driver's license, and turned back the side-way from the remote apartment to the new interest-based station on the side of Daejeon-dong, Daejeon-gu 12, China-do.

At least 18:35 on the same day, the Defendant had a duty of care to safely take care of the person in the future, and to prevent the accident in advance. However, the Defendant, while neglecting the duty of care, had the victim D (the age of 84) her head, who was towing and walking the hand her hand her hand her hand her hand her part of the cargo her hand her hand her hand her hand her hand her hand her hand her hand her hand her hand her hand her hand on the back of the cargo her hand her hand her hand over to the road. The Defendant, at around 18:35 on the same day, escaped without taking necessary measures, such as aiding the victim by stopping the her hand her hand.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Traffic Crime Group, the escape (type 3), mitigation area, imprisonment for 2 years and 6 months to 4 years [Pronouncement Decision], and imprisonment for 3 years and 2 years and 6 months and 4 years [Attachment Decision], a traffic accident occurred to an elderly victim who had no record of criminal punishment other than 4 times of a fine related to traffic for 5 years of suspended sentence, resulting in death result, and reported directly after the occurrence of the accident.