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(영문) 대구지방법원 2016.11.29 2016고단2949
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On June 25, 2016, the Defendant driven the above car at around 03:30, and driven it in front of the E-cafeteria D at the Gyeongsan-si, Gyeongsan-si, the Defendant proceeded from the side of Sungam elementary school to the 0,000 km each other at about 60 km each other, in two lanes each other.

At the time, the Defendant was at night, and the Defendant was followed the Z-POWER driver’s driving of the Victim F (year 17 years old) who was in the balg method, and thus, the Defendant had a duty of care to safely drive the Defendant with due care to live the above balg while driving the Defendant with a duty of care.

Nevertheless, the Defendant, while changing the vehicle line into one lane for overtaking the above Otoba, failed to well see the above Obaba, did not avoid the above Obaba, changing the vehicle line into one lane, and did not avoid the above Obabababa. As the front part of the Defendant’s vehicle, the Defendant received the rear part of the above Obababa as the front part of the vehicle, let the victim F and the victim G (the 16-year age) who is the passenger of the above Obababa, go beyond the ground, and continued proceeding with the victims.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim G, which requires approximately ten (10) weeks of medical treatment, and, around 05:15, on June 25, 2016, at H Hospital, caused the death of the victim F by blood transfusions in the mouth of the mouth, and caused the death of the victim, and at the same time, escaped without taking necessary measures, such as stopping, even if the repair cost, such as exchange of the above Obanes, etc. was damaged to the extent of KRW 1,240,00,000, for the purpose of providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the I, J, K, and L;

1. Application of the laws and regulations on video recording CDs, such as a fact-finding report, field photo, death diagnosis report, quotation, investigation report (Evidence No. 13), black boxes;

1. Article 5-3 (1) 1 and Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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