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(영문) 대전지방법원 논산지원 2013.11.15 2013고단327

특정범죄가중처벌등에관한법률위반(도주차량)

Text

1. Defendants shall be punished by imprisonment with prison labor for up to two years and six months.

2.Provided, That with respect to Defendant B, for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A On February 22, 2013, at around 20:26, 2013, driven a rocketing vehicle, Defendant B, driving a Frocketing 3 vehicle at around 20:34 on February 22, 2013, driven by the driving of the Frocketing 3 vehicle at around 20:34, thereby proceeding one lane in front of the HUS station located in the Hanam-gun G from the beginning to the luminous area.

At all times, there is a house near the beginning of the village and a neighboring road, and there is a place expected to pass by pedestrians at night, so there was a duty of care to drive safely while checking the safety of course by checking well the right and the right and the right of the driver.

Nevertheless, the Defendants neglected to stop and proceed on the road, followed the victim I (Nam, 56 years old), who was used on the road, by shocking the part on the left-hand side of the driving vehicle of Defendant A with the front-hand side of the driving vehicle of Defendant A. After 8 minutes, the victims, who were used as the driving vehicle of Defendant B, were placed in the vehicle of Defendant B after 8 minutes, resulting in the death of the victim due to multiple diversity damage, etc. on February 22, 2013. However, the Defendants failed to immediately stop the vehicle and take necessary measures, such as taking relief measures.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to the police officer by the J;

1. The occurrence report of a traffic accident, the actual condition survey report, on-site photographs, body photographs, etc., the body autopsy report, the results of visual analysis reply, each request for appraisal, each report on autopsy and appraisal report, and the application of described or visual Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Defendants’ choice of punishment: Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Probation and community service order Defendant B: Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The range of applicable sentences: Imprisonment for two years and six months to fifteen years.