특정범죄가중처벌등에관한법률위반(도주차량)
A defendant shall be punished by imprisonment for three years.
except that the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving CK5 cars.
On December 24, 2013, the Defendant driven the above car on December 04:15, 2013, and proceeded at approximately 70 km from the lower side of the Kimbcheon-dong, Busan, the lower side of the road, which was located in the Dogdong-gu, Busan, to the front side of the Dogcheon-dong.
At the time, at night, a crosswalk was installed, and at the front of the defendant's moving direction, three-dimensional signal was installed, and thus, the driver of the motor vehicle has a duty of care to operate the motor vehicle safely by thoroughly observing the signal signal, etc.
Nevertheless, the Defendant neglected this and did not stop but proceeded as it is in contravention of the signal while the signal was red, and the victim D (the age of 65) who was standing on the right side of the Defendant’s moving along the pedestrian signal was placed in the front part of the car driving by the Defendant.
Ultimately, even if the Defendant suffered from an injury, such as an alley alley by occupational negligence as above, and died from an an stimulous shock at around 05:14 on the same day, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Notification of the results of analysis of traffic accident reports, traffic accident occurrence reports, on-site photographs, and complaints against traffic accidents;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and selection of limited imprisonment concerning the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act was committed in violation of the notification by the Defendant, resulting in the death of the victim while driving the vehicle.