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(영문) 대구지방법원 김천지원 2014.04.02 2013고단1671

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 punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2013, at around 01:53, the Defendant driven a C low-speed car by business, and proceeded from the side of Kimcheon-si to mountain along the two-lanes prior to the entrance of the Taecheon-si funeral hall, Kimcheon-si. The Defendant did not see the victim D (70 years of age) who was driven by negligence in the course of duty, putting the tri-distance crossing from the right side of the crosswalk toward the left side, while neglecting the duty of the front side and the left side side side side side, and was driven by the Defendant as the upper part of the front side of the said car.

Ultimately, even though the Defendant caused the death of the victim from the two parts due to the above occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of the police statement concerning F;

1. A traffic accident report (1 and 2 reports) and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to a copy of autopsy report and postmortem report;

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 268 of the Criminal Act concerning criminal facts, the choice of limited imprisonment;

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 of the Criminal Act of the community service order [decision of types of punishment] The reason for sentencing under Article 62-2 of the Social Service Order Act - Escape (the escape (the escape after the escape) after the death or injury after traffic accident - The mitigated element: the self-denunciation, the exemption from punishment (including serious efforts to recover damage): the scope of the recommendation field / the special mitigation range / the special mitigation range / the one year and three months to four years [the general person] - the mitigation element: the subscription of the comprehensive motor vehicle insurance / the main reason for death - The major reason for death - The reason for death - the general pride is clear of social relationship - the person who has no previous conviction, the person to whom the general pride was suspended, the person to whom the comprehensive motor vehicle insurance was subscribed [decision of sentence] for two years and six years, the suspension of execution three years, the social service hours: the crosswalk 80 hours