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(영문) 대구지방법원 안동지원 2017.02.03 2016고단974
특정범죄가중처벌등에관한법률위반(도주치사)
Text

1. The punishment of the accused shall be determined by two years and six months;

2.Provided, That the foregoing shall not apply 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 engaged in C-cab driving service.

On December 14, 2016, the Defendant driven the above taxi on December 23:44, 2016, and led the road in front of the E-cafeteria located in D while permanently residing, to proceed from the direction of the permanent police station to the private distance in front of the E-cafeteria.

At the time, it was difficult to see at night, so there was a duty of care to reduce the speed and to drive a person engaged in driving service by checking well the right and the right on the front side.

Nevertheless, the Defendant neglected to do so and served the Victim F(53) on the right side of the taxi in front of the Defendant driving with the front wheels of the taxi.

Ultimately, even though the above negligence caused the death of a victim on December 15, 2016, at around 00:05, by blood transfusion, etc. at the scene of the above accident, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the situation, a report on the handling of the case 112 reported, a photograph, a body death certificate, a report on each traffic accident, a field photograph of the accident, a copy of a motor vehicle registration certificate, or a report on the results of a

1. Each report on internal investigation:

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service orders;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Traffic, and Type 3 (Death, etc. after the death (Death, etc. after the death);

B. Special sentencing factors (reduction factors) victim is not subject to punishment if there are gross negligence in the occurrence of traffic accidents or the expansion of damage.

(c) Determination of the recommended territory: Special mitigation territory;

(d) Recommendations;

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