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(영문) 대구지방법원 포항지원 2016.11.03 2016고단690
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On May 29, 2016, the Defendant driven a taxi for CK5 business at CK5 on May 29, 2016, and driven the two-lane road in the south-gu D at port along the intersection distance from the shooting distance from the C forestry elementary school to the intersection distance.

At the time, the above road is at night and at the place where people's passage is expected due to the housing location, so in such a case, there was a duty of care to safely operate the vehicle by accurately manipulating the steering system and accurately operating the steering gear.

Nevertheless, the Defendant neglected to do so and led the Defendant to the front wheels of the taxi in which the Defendant drives the Victim F (M, 18 years old) body, which was located in the one-lane road in the direction of Defendant’s proceeding.

Ultimately, at around 12:57 on May 29, 2016, the Defendant, by occupational negligence, fledd the victim without immediately stopping the hospital located in Nam-gu G due to a multi-long-term functional disorder, etc., and failed to take necessary measures, such as providing relief to the victim or arranging the accident site.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer to I;

1. The actual condition survey report;

1. On-site photographs and photographs of accident vehicles;

1. A death certificate;

1. Written reply prepared by the head of the border north-do branch of the Road Traffic Authority;

1. Each investigation report (in relation to the closure and field image of black stuffs; the application of laws and regulations on CCTV images for business establishments and vehicle booms images);

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 committed;

1. The reasons for sentencing of the choice of the limited term of punishment [the scope of the recommending sentence] Type 3 [the basic area (the period of imprisonment for three years or five years) (the period of imprisonment for a life or five years)] (the period of special imprisonment]: Imprisonment for five years (the decision of sentence].

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