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(영문) 대전지방법원 천안지원 2016.04.29 2016고단10
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The imprisonment with prison labor for the accused shall be two and a half years and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Category C truck of one ton.

On December 20, 2015, at around 00:40, the Defendant continued the two-lane road in front of the E industrial company in Asia-si, Asan-si, at a speed that is impossible to identify one-lane from the long-distance shooting range to the long-distance shooting range.

At the time, at night and at the front, there was an intersection, so there was a duty of care to safely operate the vehicle by accurately operating the steering system and steering gear.

Nevertheless, due to the negligence that the defendant neglected the front city and proceeded as it is, the defendant received the victim F(56) who was walking the bicycle from the right side of the vehicle driving direction of the Madle accused to the left side of the bicycle.

Ultimately, the Defendant, as seen above by occupational negligence, did not take necessary measures such as shocking the victimized person and aiding the victimized person, and escaped as it is, thereby resulting in the death of the injured person from the ASEAN Hospital, which was located in the 381 Sinsi culture around December 22, 2015, around 16:50.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reports (1), (2) on traffic accidents;

1. A death diagnosis certificate (F);

1. Application of Acts and subordinate statutes, such as on-site victims' photographs, photographs of the vehicles under consideration, screen pictures of witnesses, and CCTV screen pictures;

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 imprisonment for a limited term as to the crime;

1. Reasons for sentencing under Articles 52(1) and 55(1)3 of the Criminal Act to mitigate self-denunciation;

1. Application of the sentencing guidelines [Types] 3 types [the escape (the escape (the escape (the escape after the death)] [the person subject to special sentencing] - the mitigated element: the self-denunciation [the scope of the recommended range] 2 years and 6 months to 4 years [the person subject to general sentencing] : the mitigated element.

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