2014Gohap794 Abandonment, etc.

A person shall be appointed.

Kim beneficiary-ju (Lawsuits) and Gisung (Trial)

Law Firm B, Attorney C

April 17, 2015

A defendant shall be punished by imprisonment for two years.

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

To order the defendant to provide community service for 300 hours.

Facts of crime

On July 3, 2014, the defendant: (a) around 16, 2014, the defendant was a person engaged in driving of a taxi belonging to D-Sa-si, and (b) around July 3, 2014: (c) around 16, the victim G (31 years old) who was met in F-Sa-gu, Busan (hereinafter referred to as "F-Se-gu, Busan) as a passenger, was going to proceed with an urban highway located in the F-Sa-gun, Busan in order to go to the destination below the articles of incorporation of Busan in order to leave the destination. At the time, the defendant was under a contractual duty to safely put the victim to the destination; (d) the defendant was aware that it was impossible for him to walk only to the urban expressway; and (e) the defendant could not easily go out of it due to the road structure; and (e) there was a very poor possibility that there was a dangerous accident between passengers and his guardian's accident and other dangerous factors that may occur in the situation.

Nevertheless, the Defendant, at around 04:33 on the same day, stopped the above taxi at a point 200 meters from the 200-meter from the above urban Highway Articles of Incorporation mplum, and left the taxi without taking any measures against the subordinate victim, on the ground that the victim was getting out of the taxi while getting out of the taxi, and thus, the Defendant left the taxi at around 04:47 on the same day, the victim lost the direction angle between about 15 minutes, and the above urban Highway was set off at the I mp truck of H driving, and caused the death of the victim due to diversification damage, etc.

Summary of Evidence

1. Statement of the police statement against the accused (Simplified traffic);

1. Statement of each police statement to J and K;

1. The actual condition of traffic accidents;

1. Taxibbbox CDs, 112-record files, Kamera CDs by the Facilities Management Corporation;

1. Transport clause;

1. A medical certificate of death (a written result of autopsy of a corpse);

1. Domestic investigation reports (Visits investigation reports) (112), investigation reports (12 reporters' counter-investigations' investigation reports), investigation reports (investigation reports on visual conditions of time); investigation reports (reports on the attachment of records related to change of time); investigation reports (reports on the reversal of statements made by suspects A to the circumstances involving change of time); investigation reports (reports on telephone hearing reports with L of container articles who reported the victim at the time);

Application of Statutes

1. Article applicable to criminal facts;

Articles 275(1) (latter part) and 271(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing have been repeatedly taken into consideration for favorable circumstances)

1. Social service order;

Article 62-2 (1) of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. The defendant and his defense counsel asserted that the defendant's duty to assist the defendant was merely a very weak extent because the victim was under the influence of alcohol at the time of boarding the taxi, and the victim was not in the state of being unable to take the body by drinking.

According to each statement of statement of the police, the victim, who was under the influence of alcohol, was fluencing a female-friendly fluencing on the day of the crime of this case, but female-friendly flucing flucing flucing fluencing flucing flucing fluencing flucing flucing flucing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing fluing.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

2. Furthermore, the defendant and his defense counsel did assault the defendant driving by drinking the breath of the breath, and the defendant stopped the breath in order to prevent the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the b

However, according to the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is reasonable to view that the Defendant’s act of leaving a taxi in the instant urban expressway, which is a motorway, caused danger to the victim, who was in need of assistance, by stopping the taxi in advance, and failing to take measures, such as locking the rear door, making it possible for the victim to go down to the urban expressway. Furthermore, even though the victim actually left the urban expressway, the act of moving the taxi to the taxi without taking measures, such as making the victim get on board again or informing the victim of the dangerous situation immediately faced by the victim through 112, etc., constitutes an abandonment that causes danger to the human life, by leaving the person in need of assistance in a state where the victim is not protected (after that, the circumstance between the Defendant and the location near the point where the victim was getting off can be considered as sentencing grounds).

① In light of the Kabbbling video and facility Kabling video, the Defendant stopped from 04: 30 to 04: 32: 55 (the victim was getting out of the 5 lane), and repeated from 04:35 to 35:4, while repeating the departure and stop three short times, the Defendant started from 5 lanes again in 35:48, and stopped rapidly on the 3-lane after changing the 3-lane, and again stopped on the 3-lane after changing the 4-lane. The Defendant’s assertion that the Defendant turned off the 5-lane to find the victim or stop the taxi at a safe place as argued by the Defendant, and that there is no difference between the 5-lane and the 5-lane and the 4-lane change rapidly from the 5-lane to the 4-lane. Rather, it is reasonable to view that the Defendant changed the 4-lane road to the 4-lane road to the 4-lane end.

② At first, the Defendant stated that he was in the police station that he was taking post-control measures upon the victim’s getting out of the police station (Evidence No. 45 pages of the evidence record), and thereafter, the Prosecutor made a statement that he was unable to see that he would have died of the victim (Evidence No. 256, 257 pages). Moreover, even at the time when the victim gets out of the police station, the Defendant made a statement that he was born to the victim without stopping the taxi at the first police station (Evidence No. 44, 47 pages of the evidence record), and at the prosecution, the Defendant made a statement that he was 1 to 2 minutes after the taxi stopped (Evidence No. 254 pages of the evidence record), and each of the above statements were returned once. As such, the Defendant’s reversal of his own statement appears to result from the concealment of facts and attempted to escape his responsibility for the crime.

③ Even though there are many places to safely get off the police station and the victim in the vicinity of the Defendant, the Defendant is not easy to have the Defendant stopped the taxi on the motorway in the situation where the Defendant did not properly secure the view on the front side of the road, which was lowered at night, solely on the ground that he would restrain the assault of the victim and file a petition against the victim.

④ After the victim getting out of a taxi, the Defendant stated that the Defendant was unable to get out of the taxi because he had the mind that the Defendant was able to die at the ordinary scar of the cargo vehicle located adjacent to the taxi at the time while she tried to get out of the taxi. In light of the fact that the Defendant could have known that the traffic situation at the time when Kamera video of the Facilities Management Corporation was not high to the extent that the Defendant was unable to get out of the taxi, the credibility of the above statement is doubtful.

⑤ According to the Defendant’s assertion, the Defendant had repeated back the progress and stop and found the victim at the taxi. According to the aforementioned allegations and the first time when the Defendant could be deemed to have lowered from the taxi cream, the point at which the Defendant was deemed to have left the taxi is 04:39:58. However, even if so, the point at which the victim was 6 to 9 minutes from the point at which he left the taxi, and the life of the victim was already at the time when the victim was 6 to 9 minutes from the point at which he left the taxi.

66: 37 03 : The Defendant reported at late 112, but the Defendant was seated in a taxi even at the time of the report, and the Defendant seems to have taken a bath to the effect that, if L, which is an engineer, was landed on an urban expressway dangerous to customers, he would have taken a bath to the effect that she would do so.

7) During the first stop of a taxi (from 04: 30: 35 to 04: 33: 34) the Defendant operated the NAS for the first time. If the victim was netly left the taxi on the side, such as the Defendant’s statement at the first police station, it is natural not to operate the NAS in an urgent situation if the Defendant was a victim who gets off the taxi on the side, and if the Defendant 1 to 2 minutes after the Defendant’s statement at the prosecutor’s office, such as the Defendant’s statement at the prosecutor’s office, it is inconsistent with the Defendant’s assertion that he was frighting the taxi to restrain the victim from assaulting the taxi.

Therefore, the above assertion by the defendant and his defense counsel is without merit.

1. Reasons for sentencing: Imprisonment with prison labor for a year and six months to fifteen years;

2. Scope of the recommended sentencing criteria; and

[Determination of Type] In the event of abandonment or death, Type 1 (Death or Injury by Abuse) (Special Convicts) (Death or Injury by Abuse) has been committed with willful negligence, and the result of death has not been caused by the Defendant’s direct act (Mitigations)

[Scope of Recommendation] Imprisonment of 9 months to 3 years (Special Mitigation Area)

[Scope of Recommendation Sentence 1 and 6 months to 3 years of imprisonment

3. Whether to suspend the execution;

【Main reasons for the death? Where the result of the death does not result from the Defendant’s direct act (affirmative) and where the result of the death occurred (negative)

【Reasons for General Reference】 There is no clear social relation, there is no criminal record of suspended execution or more, and the defendant has old (affirmative), serious anti-discrimination (negative)

4. The scope of sentence: The crime of this case with a two-year imprisonment and a three-year period of suspended execution, when considering the following: (a) the victim, who was a taxi driver, was a passenger taken by the defendant, was set off on the Highway of this case, which is an exclusive motorway, and left alone without taking any measures against the victim, and thus, the victim, who hedgingd the motorway, died, is very poor in light of the content of the crime; and (b) the defendant reversed the statement in the investigation process to escape his criminal liability and denies the abandonment to this court, it is necessary to punish the defendant with severe penalty equivalent thereto.

However, there is a significant degree of negligence of the victim in the occurrence of the car and accident, the defendant was off the scene and returned to the location of the accident points again, and the victim's surviving family member was reported to the late 112. The victim's surviving family member was paid the agreed money from the National taxi Financial Cooperative of Korea to which the defendant was enrolled, the family, workplace, and branch members are obviously related to the defendant's social relationship for the defendant, such as submitting a written application to the Korean taxi Financial Cooperative, and there is no other criminal record except sentenced twice due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the defendant's mistake is recognized, and the defendant is seeking a letter to the victim's surviving family member as a whole, and there is no other criminal record except sentenced to a fine twice due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and all of the sentencing conditions specified in the arguments of this case, such as age, character

In addition, in order to reflect the sex of the instant crime, community service for 300 hours is ordered.

Judges in English and English;

Judgment of the Supreme Court

Judges Dognaia

1) The Defendant started 04: 33: 34: 04 : 33: 42 again, 04 : 33: 57 : 04 : 05 : 04 : 04 : 05 : 35 : 17

C. 04 : 35 : 22 suspended.