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(영문) 수원지방법원 2013.09.11 2013고단2914
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five 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 car in a SP area.

At around 01:00 on April 21, 2013, the Defendant proceeded at a speed of 70 km per hour from the scopon road to the scopon plane located in the Young-gu, Young-gu, Suwon-si, Suwon-si, to the scopon plane from the scopon road to the scopon plane.

At this point, as an intersection where signal lights and crosswalks are installed, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle is obliged to observe the signal and thoroughly see whether there is a pedestrian in the crosswalk and to prevent the accident by driving the motor vehicle on the crosswalk.

Nevertheless, the defendant neglected this and caused the victim D (WW) who walked on the crosswalk at the left side of the moving direction at the time when he was negligent in driving a vehicle in violation of the signal and received the same front part of the driver's seat of the motor vehicle.

Ultimately, the Defendant, upon receiving the victim from the above occupational negligence, immediately stops and does not take measures such as providing relief to the victim, thereby resulting in the death of the victim due to brain livers, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes of a death certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. The defendant under Article 62(1) of the Act on the Suspension of Execution has died of the victim by escaping from the crosswalk while driving a crosswalk after drinking alcohol, even though the nature of the crime is very good, the crime committed by the defendant is confessions and reflects, the fact that there is no special criminal record except for a fine once, and that there is no special criminal record in addition to a fine.

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