본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
광주지방법원 장흥지원 2015.12.24 2015고단215

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for three years.

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 of a motor vehicle at C low-speed.

On November 19, 2015, the Defendant was driving the said car at the entrance of the Dogdong-gun, Busan, the Dogdong-gun, Busan, the Dogdong-gun, and continued to proceed from the border-gun to the Bosong-gun.

At the same time, there was a person who was engaged in traffic management at the tunnel entrance for electrical construction, and therefore, the defendant had a duty of care to safely proceed by accurately operating the boom and steering gear.

Nevertheless, instead of neglecting this, the victim D (Nam, 48 years old) who had been able to drive a motor vehicle with a device installed at a two-lane of the time, with a cell phone’s her mother via a cell phone, was placed in front of the said motor vehicle, and was placed above the floor. Ultimately, at around 18:00, the victim caused the death of the victim with a "low blood shock shock by the multi-pactrosion" and at the same time, the victim escaped without taking necessary measures for the occurrence of a traffic accident, such as damage of the Rabcon owned by the victim E with a repair cost of KRW 100,000,000, while stopping immediately, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and G;

1. Application of Acts and subordinate statutes to a traffic accident report, a traffic accident report, a death diagnosis report, an autopsy report, and an investigation report (afax quotation attached to a quotation);

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment and limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution;