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(영문) 제주지방법원 2015.03.12 2015고단10

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a private taxi.

On December 27, 2014, the Defendant driven the above taxi on December 27, 2014, and driven the two-lane road, at the center of Jeju City, from the luminous Round to the string distance of hotel.

At the time, there are nights at the front of the defendant's moving direction, and thus, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle by reducing the speed before entering the crosswalk or temporarily stopping the motor vehicle, thereby giving the pedestrian the way to the pedestrian.

Nevertheless, the Defendant neglected this and went away without taking any measure such as aiding the victim's death due to serious cerebral damage in around 01:43 on the same day, as it is, due to the negligence of having entered the crosswalk as it is, from the right side of the Defendant's running direction, the victim D (58 years of age) who has dried the crosswalk from the right side of the Defendant's running direction to the left side of the above taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement made to E (bereaved Family Members) and F;

1. Photographs, such as a report on the occurrence of a traffic accident, on-site inspection records, and photographs of the scene;

1. A written autopsy, and a victim's photograph;

1. A report on investigation, a photographic image of a black box, and a photographic image of a black box;

1. Application of investigative reports (flost vehicle damaged photographs), photographic Acts and subordinate statutes;

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. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;

The basic area of punishment in the category 3 of the escape (the death after escape) after the death of traffic crime due to sentencing, 3 years of imprisonment, 5 years of personal taxi mutual aid association, but other damage.