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(영문) 광주지방법원 순천지원 2015.08.11 2015고단896
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in C Dokdo.

On May 24, 2015, the defendant operated the above car at around 03:30 on May 24, 2015, and continued two national highways prior to the Ecar Center D at the net time.

At the time, since it is at night, there was a duty of care to prevent accidents by reducing speed for persons engaged in driving of motor vehicles, keeping the front door well, and safely driving.

Nevertheless, the defendant did not discover the victim F (53 years old) who was crossing the road from the right side of the above vehicle to the left side by negligence while neglecting this, and did not discover the victim F (53 years old) who was crossing the road from the right side of the above vehicle. The victim was subjected to the victim's blind part of the front part of the above vehicle and got the victim over the road.

Ultimately, even though the above occupational negligence caused the death of the victim, namely, e.g., cerebral blood, etc. from the tin, the Defendant left away without immediately stopping and taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, H, I, J, and K;

1. A written result of autopsy;

1. taken photographs of the actual condition of the traffic accident, on-site evidence and photographs of the victim's vehicle evidence;

1. Application of field inspection photographs, photographs of suspects, and statutes;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the selection of limited imprisonment for a definite term;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] (Article 53 and 55(1)3 of the Criminal Act / [the scope of recommending punishment] / where the victim is negligent in causing traffic accidents or expanding damage to the area of mitigation (two years and six months to four years) (the special mitigation) (Article 2 years and six-year), where the victim committed considerable negligence for the occurrence of traffic accidents or expanding damage after the occurrence of traffic accidents after the occurrence of traffic accidents. [The decision of sentencing] Normal normal conditions favorable to three years: there is no same kind of power, and human

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