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(영문) 수원지방법원 안양지원 2015.03.12 2014고단1171
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for three years.

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 motor vehicle with low bid.

On May 7, 2014, the Defendant driven the said car from around 22:00 to around 23:00, and led the road to the direction of the Korean Railroad University at the center, if there is a house front of the F building at Guang-si.

At the time, the time was at night, and there was a narrow breadth without distinction between the roadway and India. In such a case, there was a duty of care to properly see and safely drive the road in preparation for the occurrence of pedestrians on the part of the driver.

Nevertheless, the Defendant neglected this and proceeded with the front side of the Defendant’s driver’s car without finding out the victim G (Woo, 74 years old), which was used on the left side of the direction of the Defendant’s course, and served with the front and rear wheels of the Defendant’s driver’s car.

Ultimately, the Defendant, by occupational negligence as seen above, immediately stopped the victim and escaped without taking necessary measures, such as providing relief to the victim, resulting in the death of the victim due to diversification damage, etc. at the Gelim University Sung-gu in Ansan-si around 23:27 of the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each prosecutor's protocol of examination of the accused into each part of the protocol;

1. Each police statement made to H and I;

1. A criminal investigation report by the prosecutor (related to the day of the criminal investigation);

1. A traffic accident report (1), 2 (2);

1. 112. List of reported cases;

1. Written request for appraisal (including a traffic accident appraisal report) and written request for appraisal;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs of deceased persons;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 of the Criminal Act:

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