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(영문) 대구지방법원 2014.11.13 2014고단4385
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-Sasi car.

On July 11, 2014, the Defendant driven the above car at around 04:30, and proceeded about 20 km in front of the Daegu Suwon-gu D from E to the agricultural bank.

Since there are many pedestrians, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering system and steering gear and accurately.

Nevertheless, the Defendant neglected to do so and instead did not properly operate the steering gear and brakes accurately, and took the victim F (54 years of age) using the steering gear and brakes into the front part of the Defendant’s front part and served as the lower part of the wheels and body.

Ultimately, the Defendant, by such occupational negligence, left the scene of the accident at the above time and at the above time, caused the death of the victim due to the diversity damage caused by the vehicle path, but failed to immediately stop and take measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Each written result of autopsy;

1. Requests for appraisal;

1. A photograph and body photograph of the accident site;

1. A traffic accident occurrence report;

1. Application of each investigation report (Attachment of a photograph to cover the situation of an accident recorded in CCTV installed at a location of an accident, attachment of a photograph to cover the fluore vehicle boom image images, attachment of a photograph to cover the fluore vehicle boom and CCTV image CD);

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 punishment and limited imprisonment;

1. The Defendant, on the grounds of conviction and sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, thought at the time of the accident that the vehicle was led to the floor at the time of the accident, at all, the victim was used.

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