logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2013.05.31 2013고단548
특정범죄가중처벌등에관한법률위반(도주차량)
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 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 a car in the Dcodo.

On November 25, 2012, the Defendant driven the above vehicle on November 25, 2012, and operated two lanes (35 national highways) in front of the restaurant, which are located in the nives of the lower north of the Susan City, from Busan to Ulsan, at about 50 to 60km each hour, depending on two lanes.

At the time, the vehicle was stopped on the side of the front side of the road at night, and there was a duty of care to prevent the accident by reducing the speed and driving the front side well.

Nevertheless, the defendant neglected this and did not discover the victim E (E) who was on the road parked on the parked vehicle because he did not look at it well, and left the upper part of the victim with the above vehicle.

Ultimately, even though the Defendant caused the death of the victim due to a diversified damage from the seat in the above occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The statement of each police officer made to F and G;

1. The actual survey report and on-site photographs;

1. A written autopsy report, an appraisal report, a written request for appraisal, and an autopsy and appraisal report;

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

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of limited imprisonment for a crime;

1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The occurrence of traffic accidents also occurs to the victims of the types of escape (Death after escape) after the death of the transportation crime group according to the sentencing criteria.

arrow