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(영문) 수원지방법원 평택지원 2016.02.17 2015고단1905
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM7 car.

On December 6, 2015, at around 06:40, the Defendant proceeded at a speed of about 70km from the Cheong-ri bank to the Cheong-ri bank, the front Do road of the E, which is located in Pyeongtaek-si D, at a speed of about 60km per hour.

At the time, the road was night and located, so in such a case, there was a duty of care to prevent accidents in advance by driving safely while reducing the speed and driving on the right and the right and the right of the driver.

However, the Defendant did not discover the Victim F(78) who was glick in the front bank of the Defendant due to negligence, and did not discover the Victim F(78) in the front bank of the Defendant, and received the Victim F(78) from the front offender by the Defendant’s vehicle, etc., and got the Victim to go beyond the ground.

Ultimately, even though the above occupational negligence caused the death of the victim in the workplace due to brain injury, the defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident investigation report and a traffic accident occurrence report;

1. A death diagnosis report, a gene appraisal report, a autopsy appraisal report, or a traffic accident analysis appraisal report;

1. Application of Acts and subordinate statutes to photographs, victims' photographs, and vehicles and photographs at the scene of accident;

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. Selection of alternative abandonment of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Community Service Orders and Orders to attend lectures;

1. The application of the sentencing guidelines [the scope of the recommended punishment] the three types of escape [the escape (the escape after the death or death or injury)] after traffic accidents shall be the area of special mitigation (one year to four years from March] (the special mitigation person] self-denunciation, the number of persons not subject to punishment (the efforts to recover damage).

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