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(영문) 전주지방법원 2013.10.02 2013고단1826
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

However, the execution of the above punishment shall be suspended for four years from the date of the final judgment.

Reasons

Punishment of the crime

On July 18, 2013, the Defendant was a person engaged in driving of the vehicle C, and around July 20, 2013, the Defendant driven the said vehicle at the front of the police box in the letter box of this document, which was driven in the front of the Kim Jong-gun, North Korea.

At the time, it was the first-line road, which is a night and is delivered to the side, so there was a duty of care to prevent accidents by accurately manipulating the steering system and the steering system with the driver of the motor vehicle.

Nevertheless, the defendant neglected this and did not discover that the victim D(62) and E(50) walk at the front direction of the proceeding, and caused the above victims to the front gate of the vehicle driven by the defendant's headlight, which operated the steering gear to the right side by operating the steering gear to the right side by operating the steering gear in the vehicle's headlight.

Ultimately, the Defendant, by the above occupational negligence, caused the victim D to die during the transfer to F Hospital at around 21:33 of the same day due to the “damage to Danal trauma”, and caused the victim E to suffer injury, such as “adravating pressure to ecult emissions” which requires medical treatment for about 14 weeks, but failed to immediately stop and take necessary measures, such as providing relief to casualties, and escaped from the scene.

Summary of Evidence

1. Defendant's legal statement;

1. G and E’s written statements;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes to autopsy reports and diagnostic certificates;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of punishment and limited imprisonment;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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