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(영문) 서울북부지방법원 2013.12.05 2013고단2103
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a NAS car.

On August 20, 2013, the Defendant driving the said car around 00:30, and driving the said car at around 00:0,000, the front way of the apartment house 440-2 in Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, is proceeding about 60-70km each hour from the west to the Gun guard.

A signal apparatus has become on-and-off at a crosswalk operated.

At the time, there are crosswalks with on-and-off signal apparatus installed at night and at all times, so in such a case, there was a duty of care to reduce speed and properly manipulate the right and the right and the right of the driver and to prevent accidents by properly operating the steering system.

Nevertheless, the defendant neglected this and failed to properly operate the steering direction and steering system, and caused the victim E (the 20 years old) who crosses the crosswalk in the front direction to the right side of the road in the left side by the negligence that the defendant was not negligent and failed to properly operate the steering direction and steering system.

Ultimately, even if the Defendant suffered from injury to the victim, such as infertility brain damage, due to such occupational negligence, and immediately stops, and does not take measures such as providing relief to the victim, and the Defendant escaped, and the Defendant caused the victim to death by pressure, training, and malute in G hospitals located in Seongdong-gu Seoul Metropolitan Government F on August 21, 2013 at G hospitals located in Seongdong-gu Seoul Metropolitan Government F, thereby causing the victim to die.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Report on investigation (specific suspect list Nos. 11);

1. A report on investigation (Attachment of photographs);

1. An investigation report (Report after cutting a black stuffs or images at the time of the case);

1. Statement of opinion;

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 and Article 268 of the Criminal Act concerning the crime;

1. Article 53 of the Criminal Act for discretionary mitigation.

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