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(영문) 전주지방법원 군산지원 2014.06.26 2014고단440
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

[Criminal Power] On May 12, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in military mountain support by the Jeonju District Court on March 22, 2013 and completed the execution of the sentence in the Jeonju Prison.

[Criminal facts] The Defendant did not obtain a driving license.

On May 13, 2014, at around 19:57, the Defendant: (a) was driving the Cpoter cargo vehicle in front of the North Korean summit located in the New Sinsan-dong, and was negligent in performing the duty of Jeonju-si care in the vicinity of the Hando University according to one-lane between the two-lanes, while he was negligent in performing the duty of Jeonju-si care, the Defendant found the victim D (ma, 85 years old) crossing the road from the right side of the direction of the Defendant's proceeding to the left side of the road, and did not avoid it, and caused the victim to go beyond the ground after receiving the victim's body from the front side of the Defendant's vehicle.

Ultimately, the Defendant, even if having caused a traffic accident due to such occupational negligence, did not immediately stop and take necessary measures such as aiding and abetting the victims, and had the victims escape, and caused the death of the victim due to the external shock by the Dagwon University Hospital located in 895, Mansan-ro, Mansan-ro, 21:02 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A survey report on actual condition, on-site, and photographs of victims, the register of driver's licenses for motor vehicles, and death certificate;

1. Investigation report (including a case of the on-site situation, and a witness's statement);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 43 of the same Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.

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