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(영문) 부산지방법원 2012.10.24 2012고단2468
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA truck.

On December 29, 2011, the Defendant driven the above truck on December 29, 2011, and driven the crosswalk in front of the gas station in Busan, Jin-gu, Busan, along the Jinyang as the Jinyang-section, from the intersection to the Jinyang-section.

In such a case, the driver neglected his/her duty of care to prevent traffic accidents by accurately operating the steering gear and brakes, even though he/she had a duty of care to prevent traffic accidents, and failed to discover the victim F with the crosswalk while making an internship, and failed to immediately stop the victim as the front part of the truck and take necessary measures, such as providing relief to the victim. On December 29, 201, around 08:38, 201, the driver got the victim to death at the Busan Jin-gu G Hospital of Busan, Busan, Busan, due to damage to the external stress, etc.

Accordingly, the Defendant had the victim faced with the above occupational negligence and had the victim die after the escape.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by a witness H in the fifth trial records;

1. Protocol of inspection by this Court;

1. Statement of the police statement related H;

1. A traffic accident report;

1. Each investigation report (including photographs of sea-going vehicles, photographs of accident site sites, and CCTV photographs attached to the investigation records, face 42, 49, 53 pages, and accompanying documents);

1. Report on investigation (the result of appraisal);

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

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 under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of recommendations: Persons who are in a special area (3 to 5 years) of the basic area of escape Type 3 (Death after Escape) after traffic accidents; illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious.

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