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(영문) 춘천지방법원 강릉지원 2015.04.30 2015고단268
특정범죄가중처벌등에관한법률위반(도주차량)
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A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cubex Cargo Vehicles.

On December 18, 2014, around 10:40 on December 18, 2014, the Defendant changed the line to the two-lanes while driving along the three-lanes of the two-lanes of the road in front of the “clean Water Preservation Center”, which is the filial force in the East Sea.

In this case, the driver of the motor vehicle has a duty of care to safely change the vehicle line and enter the two lanes after checking whether there is a vehicle going on the front, rear, and left and right of the motor vehicle.

Nevertheless, the Defendant did not turn on the direction direction, etc. in order to make a right-way from the streets located on the side of the road, and did not see the front, rear and left and right-hand side, and changed rapidly to the two-lanes by negligence. The Defendant obstructed the course of the victim D(the age of 57) who was driving on the two-lanes after the right-hand side of the freight driven by the Defendant, thereby blocking the course of the Estststa car driven by the victim D(the age of 57). The Defendant plicked the above victim to the right-hand side of the vehicle of the victim, and received the electric poles located on the road along the front part of the victim

In the end, at around 10:45 on the same day from the above occupational negligence, the Defendant left the scene of the accident and escaped without taking necessary measures, such as providing relief to the victim, even though it resulted in the death of the victim by the blood shock from the heart heat.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A fact-finding survey report, a traffic accident occurrence report, on-site map, and photograph;

1. Application of Acts and subordinate statutes concerning autopsys;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

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