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(영문) 대전지방법원 서산지원 2015.11.27 2015고단619
특정범죄가중처벌등에관한법률위반(도주차량)
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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 who is engaged in driving a motor vehicle at a low price.

On July 24, 2015, the Defendant driven the said car at a speed of about 80 km from the street room to the Si-Eup/Myeon in order to drive the said car at a speed of about 00 km.

At the time, there was a duty of care to drive the steering gear by accurately manipulating the steering gear by reducing the speed and making the electric direction well by reducing the speed of the Defendant engaged in driving business.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and did not discover the victim G (50 years of age) who was walking in the direction of the name branch in the vicinity of the center separation zone in the margin of the matern bank, and received it as the front part of the left-hand part of the Defendant vehicle.

At around 00:53 of the same day as above by occupational negligence, the Defendant did not take necessary measures, such as aiding and abetting the said victim, and escaped without taking any necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning criminal facts, the choice of limited imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is [Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Criminal Procedure [Article 62(3) of the Act on the Suspension of Execution [Article 62(2) of the Act on the Prevention of Death (Death, etc. after Death)] mitigated area (Article 3(2)(Article 6-4) [Article 6 of the Act on the Suspension of Execution] (Article 62(1)] (Article 62(1))

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