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(영문) 대전지방법원 홍성지원 2014.10.29 2014고단536
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 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 of a C Poter cargo vehicle.

On August 25, 2014, at around 19:35, the Defendant driven the cargo truck of the above Poter, and led to a road of about 1-lane 1, e.g., Minecheon-gun, Hongcheon-gun, Hongcheon-gun, a 1-lane 1,03-gil 1, a e.g., a e., a e., a e., a e., a e.

At the same time, the victim D (V, 72 years old) was walking along the road on the front side of the defendant, and in such a case, the driver had a duty of care to prevent the conflict with the victim by driving the steering boat well, operating the steering boat and brake system accurately, or stopping temporarily.

Nevertheless, the Defendant did not properly see the front side and did not find the address victim due to the negligence of operating the above cargo vehicle, and was used on the road by shocking the victim in front of the above cargo vehicle, and led the victim to a volume of 15 meters.

The Defendant had the victim by occupational negligence caused the death of an external cerebrovascular in the seat, but failed to report the occurrence of the traffic accident or to take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to each on-site photographs and motion picture photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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