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(영문) 대구지방법원 안동지원 2017.04.28 2017고단94
특정범죄가중처벌등에관한법률위반(도주치사)
Text

1. The punishment of the accused shall be determined by two years and six months;

2.Provided, That the foregoing shall not apply 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 engaging in driving of cargo vehicles as C.

On February 16, 2017, the Defendant driven the above vehicle at around 05:38, and driven the national highway No. 5 of the luminous 1st century, which is located along the north-west in Ansan-si, at the time of Ansan-si, proceeded one way among the two-lane roads at the speed of 70km each hour from the south side of the front line.

Since there is a left-hand turn so there was a duty of care to safely drive the steering gear and brake system by reducing speed and properly manipulating the steering gear and brake system by making it possible for a person engaged in driving service.

Nevertheless, the Defendant neglected this and got off the body part of the victim D (65) who was walking on the road due to negligence while driving the road as they were.

After all, the Defendant, by the above occupational negligence, caused the death of the injured party due to a long-term damage to dives caused by external wounds in the same workplace, but did not immediately stop and take necessary measures, such as aiding the injured party, and escaped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the accident, a report on the scene of the accident, a field photograph, a death report, a body of the deceased, a preliminary autopsy report, a preliminary autopsy report, a list of Myeon Myeon Myeon Myeon Myeon west, a photograph, a reply to request for each appraisal, a gene appraisal report, and a written

1. Application of the Acts and subordinate statutes for investigation reporting;

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 of the community service order;

1. Recommendations based on the sentencing criteria;

(a) Determination of type: The type of traffic, escape after traffic accidents, or three types (the escape after death);

(b) Special sentencing factors: The punishment is not to be mitigated.

(c)in the territory of recommendations;

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