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(영문) 수원지방법원 2016.08.24 2016고단2571
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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 a period of four 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 C's brand bus.

On July 29, 2014, the Defendant driven a bus at around 02:08, while driving the bus at around 02:08, the two-lanes of the two-lanes in Ssung City D were driven at the Ansi-si level in Ansan-si.

At night, since it was not good in view of the night, in such a case, the driver of the motor vehicle had a duty of care to accurately see the front door, and accurately manipulate the steering gear, and prevent the accident without delay, and the defendant neglected to do so and failed to take necessary measures such as providing relief to the injured party by neglecting his duty of care to prevent the accident. In the event that the driver of the motor vehicle had a duty of care to prevent the accident, the defendant avoided the letotobane, which was used in the two-lanes of the accident, and changing the vehicle to a one-lane, the victim E (40 years old) which was used in the first lane due to the accident prior to the letoba, was not discovered, while the vehicle was changing to a one-lane, and the le to the above bus did not immediately stop, resulting in the death of the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of each protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Each police statement made to F and G;

1. A survey report on actual conditions;

1. A criminal investigation report (referring to a report on results of appraisal by a State) and a criminal investigation report;

1. A death certificate;

1. The application of Acts and subordinate statutes, such as a written appraisal and a reply to a request for each appraisal (the 525th page, 569 of the investigation records);

1. Relevant 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, and Article 268 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court to determine the issues of Article 62-2 of the Criminal Act regarding the community service order and order to attend lectures, the Defendant is at fault on duty as stated in its reasoning.

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