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(영문) 인천지방법원 2016.07.21 2016고단3094
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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 a period of 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 a C crock cruise car.

On December 31, 2015, the Defendant driven the above car and entered the road into the 102-dong underground parking lot in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to the above apartment 103-dong-gu underground parking lot.

At night, the victim E (67) was at night near the entrance of the above underground parking lot. In such a case, the driver of the vehicle had a duty of care to prevent the accident in advance by accurately manipulating the steering gear and the steering gear and operating it safely.

Nevertheless, the defendant neglected to do so and did not accurately operate the steering gear and brakes, and did not properly operate the steering gear and steering system, and served the victim as the front wheels of the car.

Ultimately, the Defendant, by such occupational negligence, parked the victim at around 22:50 on the same day, and escaped without taking necessary measures, such as aiding and abetting the victim, even though it resulted in the death of the victim from the first-aid vehicle moving from 774, South-dong, Incheon, Nam-gu, Incheon, to the Gacheon-dong Hospital due to damage to chest clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A corpse death certificate and a autopsy report;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes on CCTV images and CDs (D apartment CCTVs);

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. Articles 53 and 55 (1) 3 (a point agreed with the bereaved family members of the victim, etc.) of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. To observe the provisions of Article 62-2 (1) of the Criminal Act, and the protection of persons obliged to provide community service or attend lectures;

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