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(영문) 광주지방법원 2015.11.26 2015고단3963
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving C Costa Car.

On August 30, 2015, the Defendant driven the said car at a speed of about 50-60km/h of Si speed, depending on the road of Do in the direction of the office of the Southern-Eup/Myeon from the south-gu Confucian School, while driving the said car at a speed of about 50-60km/h of Si speed.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to take care of the front side and the left side and properly manipulate the steering gear and prevent the accident in advance.

Nevertheless, the defendant did not discover the victim E (the age of 19) who was under way on the road due to negligence of neglecting the front city, and did not discover the victim E (the age of 19) on the right side of the defendant's car, and tried to set the victim's head head in front

Ultimately, even though the Defendant caused the death of a victim due to brain damage or two pelle fever by occupational negligence above, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written result of autopsy;

1. Evidence and photographs of the traffic accident;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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 for discretionary mitigation;

1. Scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years; and

2. Scope of recommendations according to the sentencing guidelines: Where there is a substantial negligence in the occurrence of traffic accidents or the expansion of damage to the victim, even after the occurrence of the accidents and the occurrence of the damage therefrom, are committed against the victim in the mitigated area (two years and six months to four years) of the types of the escape (the escape after the death or death) after the traffic accidents of two years and six months to four years (the scope of recommendations).

3. Determination of sentence: The two years and six months of imprisonment with prison labor has resulted in the death of a victim by leaving the victim in the lane, and the nature and circumstances of the crime are not good.

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