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(영문) 광주지방법원 2012.10.25 2012고단5044
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 motor vehicle with D presses.

Around 05:10 on September 14, 2012, the Defendant driven the above vans, leading the roads in front of the jum-gun Ecafeterias in the Doo-dong-dong-dong-dong-dong-dong-dong-dong, Youngdong-do, to the area of the Yonam-si.

At the same time, the driver of the vehicle had a pipeed, so in such a case, the driver of the vehicle has a duty of care to check the safety while particularly giving the traffic situation to the driver of the vehicle.

Nevertheless, the Defendant neglected this and found the victim F(73 years of age) at the center of the road, and took urgent action to avoid this, but failed to take such action. However, the Defendant left home without taking such measures as stopping the victim’s body, making the victim go beyond the ground by getting the victim’s body from the part front of the said knife of the said knife. Ultimately, on September 15, 2012, at the G Hospital in Gwangju-gu, Gwangju-gu, 2012, the Defendant went away without taking measures as to rescue the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A survey report on the actual condition of a traffic accident, a traffic accident report (2) (2) and a photograph of the scene of each traffic accident;

1. Application of Acts and subordinate statutes of a death certificate;

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;

1. Reasons for sentencing [decision of a sentence] for the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the reasons for sentencing in the following year] (decision of a sentence] traffic crime group. 3. On or after the traffic accident, escape [the death after escape] after death (the death after escape] (the victim of a special mitigation) - Where the victim of a special mitigation was negligent in causing traffic accident or expanding damage, the victim’s failure to compensate for the damage caused by the traffic accident.

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