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(영문) 울산지방법원 2015.04.09 2015고단491
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cnua car.

On March 7, 2015, the Defendant driven the above car at a speed of about 60 km from the right side to the right side of the westwest-gu, Ulsan-gu. On March 7, 2015, the Defendant proceeded at a speed of about 60 km in speed from the right side to the right side of the west.

However, at the time, it is night and its location is an intersection where signal is installed, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the victim to go beyond the ground by shocking the victim D (Woo, 39 years old) who was standing on the right side of the defendant's right along the pedestrian signal.

Ultimately, the Defendant caused the death of the victim at a F Hospital located in Ulsan-gu E, Ulsan-gu, on March 7, 2015 due to the above occupational negligence, at around 19:52.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Reports on occurrence of each traffic accident and reports on traffic accidents;

1. A death certificate;

1. Image data prior to an accident;

1. Application of Acts and subordinate statutes to a report on investigation (an investigation of the enemy immediately after a suspect is involved);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education [Scope of Recommendation] The Type 3 (Death, etc. after Death) (2 years to 6 years) (2 years to 4 years) (special mitigation) is mitigated area (2 years to 6 years) (2 years to 4 years), a punishment not (2 years to 3 years), a person who has been sentenced to punishment.

In accordance with pedestrian safety, the victim who scamed at the crosswalks, runs away as it is, and the victim dies.

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