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(영문) 서울중앙지방법원 2017.04.18 2015고단2216
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 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 of a Gp car.

On December 7, 2014, around 19:47, the Defendant came to proceed at a speed of about 40 through 50 kilometers in the direction of digital station from the 606 Korean Mineral Resources Corporation to the e-mail gate in the large distance.

At the time, there is a night and a bus stop at that time, so in such a case, a person engaged in driving service has a duty of care to drive safely by checking well the right and the right of the front and the right.

Nevertheless, the Defendant neglected to do so and led the victim H (the remaining, 87 years old) who crosses the road to the right-hand side at the bus stop at the right-hand side of the moving direction due to occupational negligence at the point where the accident occurred.

Defendant caused a traffic accident due to such occupational negligence, but did not immediately stop on the spot and take necessary measures in the event of a traffic accident, such as providing relief to the injured party, and caused the injured party to escape, and caused the injured party to die by “low-blood shock caused by the alley dries” around December 23:31, 2014 during treatment.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the witness I in the fourth public trial protocol;

1. Statement made by the witness J in the sixth public trial records;

1. The actual investigation report on 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 the choice of imprisonment for a limited term as to the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (i.e., the first offender and the bereaved family members who agreed with the victim's bereaved family members and the bereaved family members do not have the punishment for the defendant, etc.);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);

1. The defendant under Article 62-2 of the Criminal Act of the community service order.

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