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(영문) 수원지방법원 2015.8.12.선고 2015고단1080 판결

가.교통사고처리특례법위반·나.범인도피교사·다.도로교통법위반(무면허운전)·라.범인도피

Cases

Ga. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

(b) Abetting an offender;

(c) Violation of the Road Traffic Act (Driving without Permission);

(d) A criminal escape;

Defendant

1.(a)(b)(c)(i)(i)(in 96 years of birth, south) and free of office;

Residential tent City

Reference domicile Pyeongtaek-si

2. D. B. H. H. H. H. B. (W. 93 N.S.) ice

Residential Pyeongtaek-si

whose place of registration is known

Prosecutor

Lee Dong-won (Institution of Prosecution) and Kim Dong-dong (Trial)

Defense Counsel

Attorney Lee Dong-young (A.S.) (A.S.)

Imposition of Judgment

August 12, 2015

Text

The defendant shall be confined in a workhouse.

Defendant B is ordered to pay an amount equivalent to the above fine in respect of Defendant B’s name.

Reasons

Criminal History Office

1. Defendant 1 ①

Defendant ① was sentenced to imprisonment with prison labor for a maximum of ten months for special larceny, etc. at Suwon District Court on August 21, 2014, and on January 19, 2015, the execution of the sentence was terminated.

(a) Violation of the Road Traffic Act (Driving without Permission);

피고인 이①①는 2015 . 3 . 6 . 13 : 25경 수원시 팔달구 매산로 소재 수원역 앞 도로에 서부터 수원시 권선구 대황교동 소재 밴댕이횟집 앞 도로에 이르기까지 약 4km의 구 간에서 자동차운전면허 없이 K5 승용차를 운전하였다 .

B. Violation of the Act on Special Cases concerning Traffic Accident Settlement

Defendant 1 is a person who is engaged in driving a car from the above No. 01 to the above 4886.

피고인 이①①는 2015 . 3 . 6 . 13 : 25경 위 차량을 운전하여 수원시 권선구 대황교동 소재 밴댕이횟집 앞 편도 3차로 도로를 비행장 사거리 쪽에서 병점 쪽을 향하여 2차로 로 시속 약 100km의 속도로 진행하게 되었다 .

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear, brakes, etc. of the motor vehicle, not driving the motor vehicle at a speed or in a manner that may cause danger and harm to others according to the road traffic situation and the structure and performance of the motor vehicle, and to prevent accidents by properly examining the front and rear left.

However, the defendant 1 et al. was negligent in driving the vehicle of this case at a rapid speed and repeated knife without reducing its speed, and the defendant 1 et al. operated the vehicle of this case by the knife knife of the knife., so that the vehicle of this case (i.e., the vehicle of this case is moving back to the direction of visibility, is moving to the direction of visibility, and proceed to the right right side, and the left side of this part of the vehicle Kim-○ (the age of 68) of this case is shocked by the left side of this part.

After all, Defendant A et al., by negligence in the above business, caused the death of the victim Kim○○ on March 6, 2015 at the hospital at around 20: (a) the death of the victim due to the cardiopulmonary suspension during treatment; and (b) Defendant A et al., who was on board the vehicle of this Section B (n, 21 years of age), suffered from the victim’s right ② (n, e.g., the victim’s right ② (n, e., the 21 year of age) with a plehy wall that requires a two-

(c) Abetting an offender;

In order to avoid the aggravated punishment due to the operation of a vehicle without a driver's license even after a traffic accident as above, Defendant A(B) with a female-friendly woman-friendly vehicle B(B) who was accompanied by the vehicle A(B).

Accordingly, the above area B B stated the police officer who was dispatched to the accident site after receiving a report at the time, place, and the time, place described in the above paragraph (b) in the above paragraph (b) in the same manner as the driver of the vehicle in question, and on the same day, the driver of the vehicle in question makes a false statement, and on the same day: 17:45 on the same day, the police officer made a statement for the same use at the transportation survey office of the Suwon-gu

As a result, the defendant assisted the defendant to escape from the above sphere B.

2. Defendant Title B:

Defendant B: (13) on March 6, 2015, 2015: 13:25, the road prior to the above frequency; (1) on the ground that the “NV is driven by NV” from the above frequency ① “after the request,” the police officer sent to the scene of the accident consented to it; and (2) on the same day, the police officer sent to the scene of the accident stated the same contents as “the driver of the NGG at LGG at LGSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

As a result, Defendant B had the offender escape according to the above ① teacher.

Application of Statutes

1. Relevant Articles of criminal facts;

Defendant ① : Article 152 subparag. 1, Article 43 of the Road Traffic Act (the point of unauthorized Driving), Article 3(1) of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act (the point of occupational negligence or death), Articles 151(1) and 31(1) of the Criminal Act (the point of aiding and abetting a criminal to escape)

Defendant B: Article 151(1) of the Criminal Code

1. Competition;

Defendant ①: Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Defendant 11: Determination of imprisonment with prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and for the remaining crimes

Defendant B: Selection of a fine

1. Aggravation for repeated crimes;

Defendant ①: Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant ①: former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act

1. Detention in a workhouse;

Defendant B: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendant B: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

In order to avoid punishment even after the occurrence of the instant traffic accident by causing the death of the victim Kim○○ while driving in the state without a license, the defendant shall be sentenced to imprisonment with prison labor in consideration of the fact that the crime was committed during the period of a repeated crime of approximately two months after the execution of imprisonment, and that the defendant was committed during the period of a repeated crime of about two months after the completion of the sentence. However, the punishment shall be determined as ordered in consideration of all the sentencing conditions such as the victim’s declaration of intention not to punish the victim’s bereaved family members, the defendant’s age, character and conduct, growth environment, health conditions, etc.

○ Defendant B: The sentence shall be determined in the same way as the order, taking into account all the factors of sentencing, including the fact that the Defendant recognized and reflected the offense, the primary offender, the Defendant’s age, character and conduct, environment, and circumstances of the offense.

Judges

Judges Maximum Jin-jin