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(영문) 의정부지방법원 2017.06.08 2017고단703
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On January 30, 2017, the Defendant driven a car with EKaniki on around 20:30, and proceeded to the right turn to the left in the direction of the new apartment in the direction of the sub-section 20km in the direction of the sub-section reservoir in the direction of the sub-section 30km in the direction of the sub-section 20km.

At the time of night, there is a situation where it is difficult to see at all the night, so in such a case, there was a duty of care to look at the front and left right and right of the driver of the motor vehicle well and to prevent the accident by driving the motor vehicle safely.

The Defendant neglected such duty of care and proceeded without finding the victim H (the age of 71) who was moving on the right side from the left side of the road, and had the victim go beyond the upper left side of the said car due to the defect of the duty of care, and failed to take necessary measures such as immediately stopping the victim's right side and taking relief measures, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of I by the prosecution;

1. One copy of a record of investigation into telephone conversations by theJ of a witness;

1. A traffic accident report and a written statement on the occurrence of a traffic accident;

1. A map at the scene of an accident and a photograph at the scene of an accident;

1. Records of photograph of the kniff vehicle;

1. Application of the Acts and subordinate statutes to a death certificate, a deceased photograph, or a copy of a medical record (refinant H);

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the grounds for sentencing under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the determination of punishment;

1. One year to thirty years from the imprisonment with prison labor within the applicable range of punishment by law; and

2. The range of recommended punishment on the sentencing guidelines [the type of punishment] [the range of recommended punishment] shall be limited to the range of punishment [the range of punishment] increased by imprisonment with prison labor from one year to three years in the case where a significant danger to life is caused by the escape.

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