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(영문) 대전지방법원 2013.05.24 2013고단1126
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 05:43 on January 29, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) (hereinafter referred to as the “Aggravated Punishment, etc.”) was driving a taxi for the business use of Crocketing and other businesses and driving three lanes along the three-lane of the two-lane of the two-lane of the flow of sampling in the vicinity of the mountainous district located at the lower bank located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, by driving a taxi, and driving along the three-lane of the two-lane of the flow. The Defendant did not take necessary measures such as aiding the victim D (the age of 81) due to the occupational negligence of driving the crosswalk at a speed of 94.2km at a speed of 70km or less per hour due to the violation of the speed limit of 16:54 meters or less per hour, and the victim escaped due to such shock, and the victim was killed by a low-weight shock shock, etc. on the same day.

2. The Defendant, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, caused the foregoing accident by negligence in the course of duty that driven more than 20km of speed and caused the injury to the victim E (the victim E (the passenger of the taxi) who is the passenger of the taxi driven by the Defendant due to that shock, by causing about 10 days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational death or death, the choice of limited imprisonment) Article 3 (1), proviso to Article 3 (2) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of injury by occupational negligence, the choice of imprisonment without prison labor

1. A prosecutor under the former part of Article 37 of the Criminal Act, Article 38(1)2 and (2), Article 50, and the proviso of Article 42 of the Act on the Aggravated Punishment, etc. of Specific Crimes was prosecuted as an ordinary concurrent crime. However, a crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is an intentional crime that requires people's awareness of human thoughts.

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