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(영문) 광주지방법원 2012.12.20 2012고단5449
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

Punishment of the crime

On October 12, 2012, at around 05:21, the Defendant driven a vehicle C, without a driver’s license, and proceeded at a speed of 40 to 50km each hour, along with one way from the edge of the eroscopic scopher, in front of the island patrol box located in the eroscopic erode of the eroscopic-gun of the eroscopic-gun.

At the time, the accident was done at night and in the front time, and therefore, the driver of the motor vehicle had a duty of care to reduce speed and safely drive the motor vehicle while keeping the right and the right well and the right and the right of the motor vehicle in advance.

Nevertheless, the Defendant did not see that the victim D (V, 77 years old) was able to attract the fingers according to the right side of the road by negligence while neglecting this, and received the back part of the said fingers from the cargo driver, the front wheeler and the signal lamps of the passenger driving by the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury, such as cutting the body frame of the days of treatment, etc., but did not immediately stop and take necessary measures, such as aiding the victim, and escaped from the emergency room of the Gwangju North-gu E Hospital in 09:07 of the same day, which was being treated after transmission, caused large amounts of death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Seizure records;

1. The report on the occurrence of the traffic accident, (i) the report on the traffic accident;

1. Photographs of the accident site;

1. Application of the statutes on the register of driver's licenses;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, Article 152 subparagraph 1 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The instant accident is with reason for sentencing of Article 53 and Article 55(1)3 of the Criminal Act ( considered favorable circumstances among the reasons for sentencing).

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