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(영문) 수원지방법원 평택지원 2013.06.27 2013고단469
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was engaged in driving of C3.5 tons of heavy cargo vehicles.

At around 13:00 on March 27, 2013, the Defendant operated the said cargo vehicle on the national highways No. 17, and entered the Dogwon to 38 national highways from the Dogwon to the 17th national highways, according to the two-lanes among the two-lanes of the national highways No. 17.

In such a case, if a person engaged in driving service has a vehicle or obstacle driving ahead of the front door, he/she had a duty of care to safely drive the bicycle prior to it, but he/she found the bicycle driving ahead of the same lane and neglected such duty of care in the course of overtaking it, and thereby the victim D (83 years old) operated on the left side of the above cargo vehicle, and led the bicycle to sublet the right side of the above bicycle.

Accordingly, even though the above victim died from cerebrovascular in a F Hospital located in Seongbuk-gu, Sungnam-si, Ma on March 28, 2013, the defendant immediately stopped and did not take necessary measures, such as providing relief to the victim and providing information about his/her personal information and accident circumstances, and escaped from the scene after reporting to 119.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement room concerning G;

1. The actual condition of traffic accidents;

1. Photographs, such as an accident site;

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, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, in spite of the occurrence of the instant accident and resulting in the death of the victim, was committed as witness immediately after the accident.

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