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(영문) 대전지방법원 천안지원 2015.08.18 2015고단702
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a motor vehicle for a PPP.

On November 9, 2014, the Defendant driven the above vehicle at around 00:30, the Defendant driven the above vehicle, and, at the entrance of Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si, the underground lane around the west-do, in which the irrigation is located, proceeded to the speed of 60km or less per hour from the west to the west-do.

At the time, it is night, and it is a road bended to the left by the left-hand side, and in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance, such as safe driving by checking well the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant, by neglecting the alcohol and driving on the road as it was, went to the left-hand side of the said vehicle, sent the head of the victim E (the age of 42) who was coming to a street on the road as it was due to the negligence of neglecting it, thereby causing the death of the victim due to damage to the two sides and the face of the said vehicle. However, the Defendant failed to immediately stop the vehicle and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Police investigation reports, appraisal reports, etc.;

1. A written autopsy and appraisal;

1. A survey report on actual condition, on-site, and photographs of victims;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the bereaved family members and the primary crime);

1. The sentencing guidelines [the range of recommendations] types 3 (the range of escape after death or death) (the range of 2 years and 6 months to 4 years) and the mitigated area (the range of special mitigation) shall not be punished (including serious efforts to recover damage);

2. The major circumstances and records of punishment, motive and circumstances leading to the crime, means and methods, circumstances before and after the crime, and other cases prior to the decision of sentence.

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