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(영문) 광주지방법원 2016.04.21 2016고단222
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On January 13, 2016, the Defendant driven D 9.5 tons of truck around 06:30, and proceeded along the two-lanes of the road in writing in the direction of the side of the water-based village bus stops in the way of a three-lane, which is located in the box box in the south Sung-gun Seoul Metropolitan City, in the direction of the side.

At the time, she was found to have been she was she, so in such a case, the defendant engaged in driving service has a duty of care to prevent the accident in advance by taking into account well the front door.

However, the defendant neglected to perform the above duty of care and did not discover E (W, 77 years old) who walked along the road in front of the defendant's moving direction, and did not immediately stop from the front side of the truck in front of the defendant's driving direction and did not take necessary measures, such as providing relief to the injured party, by shocking the damaged party with the front side of the truck in front of the right side of the truck in front of the defendant's driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to dead bodies;

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 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and three months from one year to seven years and six months;

2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment with prison labor for a year and three months to four years [the scope of the recommended punishment]; the escape area (one year to four years after the death (the death, etc.) for the special mitigation area (one year and three years), the self-denunciation of a person subject to special mitigation (including the advanced efforts to recover damage) and the escape area after a traffic accident;

3. The age, sex, environment of the accused in the principal normal relations that are considered below the sentence:

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