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(영문) 춘천지방법원 2014.05.20 2014고단209
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for three years.

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 the operation of a Cbea cruise car.

On March 2, 2014, the Defendant driven the above car on March 2, 2014, and led to approximately 60 km in the speed of the Sincheon-gun, Hongcheon-gun, Seogcheon-gun, Seocheon-gun, an asbestos shot (U.S.), to the Sincheon-gu, Hongcheon-gu, Hongcheon-do.

At the time, it was at night, and there was a one-lane road in which the roadway and sidewalk are not separated, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle by making the front left and right well.

Nevertheless, the defendant neglected this and did not discover the victim D (year 47) who was walking on the right side of the road in the same direction as that of the road in the same direction by negligence and did not discover it and received it as the front part.

Ultimately, even though the victim caused the death at the site due to multiple organ damage by occupational negligence above, the Defendant immediately stopped and escaped without taking measures such as aiding and abetting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual condition of traffic accidents;

1. Investigation report - Analysis of oil at the scene of the accident, inspection report on the occurrence of the accident, investigation report, suspect inspection details; and

1. Each protocol of seizure;

1. Each request for appraisal (including the written appraisal attached thereto);

1. Application of Acts and subordinate statutes on a written autopsy;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Special mitigation of factors among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act ( considered as the grounds for a suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order [Scope of Recommendation] The Type 3 (Death, etc. after Death) is mitigated (2 years to 6 months) (2 years to 4 years).

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