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(영문) 의정부지방법원 2014.12.11 2014고단2477
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

On July 15, 2014, at around 04:47, the Defendant is a driver of Cpoter cargo vehicles, who operated the above vehicle and proceeded with the two-lane roads in front of the Epoter Hospital in Spocheon-si D, using the two-lane road in front of the Epo-si in Spocheon-si.

In such cases, there was a duty of care to safely drive a motor vehicle by checking well the front left.

However, the Defendant did not discover in advance the victim F (Nam, 52 years old) who was crossing the road from the right side of the Defendant's vehicle to the left side in the front bank due to negligence when he neglected the above duty of care.

The body of the victim became the body part of the truck above.

The Defendant, by occupational negligence, caused the death of the victim to a hospital with a multi-soft long-term system during the transfer, but did not immediately stop at the site and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Results of the examination of corpse, and the results of examination of dead body victims;

1. Report on a request for appraisal, and report on a request for appraisal;

1. Application of the Act and subordinate statutes to practical survey reports, on-site photographs, each victim's photograph, photographs of the victim, investigation report (investigation of the first witness), emergency medical services log, video data, and video data;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the decision of a sentence] for the reason of sentencing under Article 62(1) of the Criminal Act [the decision of a suspended sentence] 3 [the escape after death (the death after death)] - mitigated factors: In a case where there is considerable fault for the occurrence of traffic accidents or the expansion of damage (the decision of a recommended area] mitigation area [the decision of a recommended area] 2 years and 6 months to 4 years.

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