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(영문) 서울북부지방법원 2015.03.17 2015고단409
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a gallon car.

On December 19, 2014, the Defendant driven the above car on December 21:50, and proceeded with the front road of Dongdaemun-gu Seoul Metropolitan Government as Seoul Metropolitan City was in the direction of the former Agricultural19 Safety Center, and did not discover the victim E (ma, South and 55 years old) who was under the influence of alcohol on the right side of the course of the collision and did not discover the victim E (ma, 55 years old) who was under the influence of alcohol at the right side of the said car and served the victim with the front wheels and the rear wheels.

On December 19, 2014, at around 22:19, the Defendant left the hospital in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul and caused the death of the two parts and chests due to such occupational negligence and escaped without taking measures such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A survey report on the actual situation and a report on the occurrence of a disaster;

1. A report on investigation (specific suspect).

1. A written autopsy report, an appraiser (1), an appraiser (2), and a written autopsy and appraisal report;

1. Application of each statute on photographs;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational death or death), and the choice of limited imprisonment for a crime;

1. It is so decided as per Disposition for the reason that discretionary mitigation is above Article 53 and Article 55(1)3 of the Criminal Act (including the favorable circumstances among the reasons for sentencing below).

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and six months - 15 years;

2. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for two years and six months - four years (decision of a type): The basic area (three-five years) of types (three-five years) of the escape from traffic accidents (the decision of the recommended area and the scope of the recommended punishment): the mitigation area (one year and three months), three years (one year and three years), and the victim shall also be punished (including efforts to recover damage), if there is a substantial fault in the occurrence of traffic accidents or the expansion of damage.

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