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(영문) 수원지방법원 안양지원 2017.02.03 2016고단2030
특정범죄가중처벌등에관한법률위반(도주치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of four 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 of D High Class III cargo vehicles.

On October 12, 2016, the Defendant driven the upper 03:20 on the 03:20 on the 03:0 on the 12nd 0th 0th 1st m3rd m3rd m3rd m3rd m3rd m3rd m3rd m3rd m3rd m3rd m3rd m3rd m3rd m3

Since there are many pedestrians using on the road, there are places where emergency lights and lights are on-and-off by avoiding or stopping pedestrians, the driver of the motor vehicle has a duty of care to prevent the accidents of pedestrians who are used on the road by accurately manipulating the front door and the right and the right of the driver of the motor vehicle, and to prevent the accidents of pedestrians who are used on the road by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected this and proceeded with the victim E (30) who was used on the front road in the direction of proceeding due to negligence, and led the victim about about 2.8 meters under the lower part of the enclosed and III cargo vehicle.

Ultimately, the Defendant, by such occupational negligence, caused the death of the victim due to cerebral blood from the two frameworks in the same workplace, and immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reporting of a traffic accident (1) (2);

1. A death certificate;

1. Application of the Acts and subordinate statutes that cut CCTVs to a cross-section and to photograph taxi booms images;

1. Relevant 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, and Article 268 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act (the grounds for sentencing under the sentencing guidelines) - Type 3 (the escape after death or injury) shall be made after traffic accidents.

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