Defendant 1 and one other

Senior Dias (prosecutions, public trials)

Attorneys Park Sang-woo et al.

1. Defendants shall be punished by imprisonment with prison labor for up to two years and six months.

2. Provided, That with respect to Defendant 2, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3. To order Defendant 2 to be put on probation and to provide community service for 200 hours.

On February 22, 2013, at around 20:26 (Motor Vehicle Number 2 omitted) Defendant 1 driven a rocketing motor vehicle, around 20:34 (Motor Vehicle Number 1 omitted) on February 22, 2013, Defendant 2 led Defendant 2 to drive a rocketing motor vehicle on February 22, 2013, and proceed with a one-lane road in front of the congratium located at the early village of the Hayang-gun, Chungcheongnam-gun, Chungcheongnam-do.

At all times, there is a house near the beginning of the village and a neighboring road, and there is a place expected to pass by pedestrians at night, so there was a duty of care to drive safely while checking the safety of course by checking well the right and the right and the right of the driver.

Nevertheless, the Defendants neglected to stop and proceed on the road, followed the victim non-indicted 1 (Nam, 56 years old), who was used on the road, by shocking the part on the left-hand side of the driving vehicle of Defendant 1, with the front-hand side of the driving vehicle of Defendant 1. After 8 minutes, the victims who were used as the driving vehicle of Defendant 2 were placed in a back station, resulting in the death of the victim due to multi-diversity damage, etc. on February 22, 2013, but the Defendants escaped without taking necessary measures, such as immediately stopping the vehicle and taking relief measures.

1. Defendants’ respective legal statements

1. Statement made by the police on Nonindicted 4

1. Each entry or video of a traffic accident report, traffic accident report, actual condition survey report, on-site photograph, body photograph, etc., body of body, autopsy report, video analysis report, response to each request for appraisal, and autopsy appraisal report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendants: Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act.

1. Discretionary mitigation;

○ Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

○ Defendant 2: Article 62(1) of the Criminal Act

1. Probation and community service order;

○ Defendant 2: Article 62-2 of the Criminal Act, Article 59 of the Probation Act

1. Scope of sentenced punishment: Imprisonment for not less than two years and six months to 15 years (Optional to imprisonment, and discretionary mitigation);

2. Sentencing criteria:

[Determination of Punishment] Transport Crime Group, Type 3 of Escape (Death after Escape) after Traffic Accidents

[Scope of Recommendation] Special Mitigation Zone: Imprisonment of 1 year and 3 months to 4 years;

○ Special mitigation factors: considerable negligence by the victim, incrimination of punishment / No special aggravation factor:

3. Whether a sentence is pronounced or suspended;

(a) Defendant 1: Imprisonment for 2 years and 6 months; and

(b) Defendant 2: Imprisonment with prison labor for 2 years and 6 months, and 3 years of suspended execution;

4. Comprehensive evaluation:

A. Defendant 1

In light of the fact that the defendant, while driving alcohol, caused a traffic accident that causes the injury of the victim due to occupational negligence, resulting in the death of the victim without taking any measures. In particular, even though the defendant confirmed that the victim was the person who was on the lower part of his/her own vehicle, left the road as he/she left the site and provided the cause for the second accident of the defendant 2, leaving the scene of the second accident by leaving the scene, leaving the scene again, leaving the scene as he/she again, even if he/she returned to the scene, the remaining scene of the crime is discovered, and the defendant has been sentenced to two or more suspended sentence or more times, it is inevitable to sentence sentence because it is not good to punish the crime: Provided, That the crime is committed; the defendant has no criminal record; the victim has been on the road at night; the vehicle of the defendant has been covered by the comprehensive motor vehicle insurance of the victim; the fact that the victim has agreed with the bereaved family members and the family members of the victim; the defendant's age, character and conduct, family relationship, etc.

B. Defendant 2

The defendant's act of driving under the influence of alcohol, resulting in a traffic accident that causes the death of the victim without taking any measures, resulting in the death of the victim, and the criminal records of traffic crimes are two times disadvantageous to the defendant. However, the fact that the defendant is living against the crime, the victim has already been living on the road at night, the vehicle of the defendant seems to have already suffered fatal injury due to the primary accident caused by the defendant 1, the vehicle of the defendant is being covered by the comprehensive motor vehicle insurance, the defendant's family members and the family members of the victim who have been friendly with the victim. Furthermore, the fact that the victim's bereaved family members and the defendant wanted the defendant to take a walk against the defendant. Furthermore, considering all the circumstances revealed in the arguments, such as the defendant's age, character and behavior, environment, family relationship, etc., the probation and the community service order accompanied by the order shall be sentenced within the scope of the recommended punishment, such as imprisonment with labor.

[Attachment]

Judges Kang Han-ro