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(영문) 수원지방법원 안산지원 2016.02.19 2015고합297
특정범죄가중처벌등에관한법률위반(도주차량)
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2015, the Defendant: (a) driven a Ma 2.5t Cargo (hereinafter “instant cargo”) with CMa 20:15, and driven a 2.5t breadth (hereinafter “the instant truck”); (b) brought the victim E (38 years) who was walking on the roadside of the instant cargo due to a mistake that did not well look at the front side of the instant truck, leading the instant truck to the right side of the said cargo and the rear border (hereinafter “instant accident”); and (c) brought the victim E (38 years) to the rear side of the said cargo, resulting in the death of the victim, such as damage to the father and scarbing part, etc., if the victim left the lower side of the road, and without immediately stopping the vehicle and taking necessary measures, such as seeking the victim.

Summary of Evidence

1. Partial statement of the defendant;

2. Part of the protocol concerning the examination of the suspect by the prosecution or the police against the defendant;

3. A traffic accident report (the actual survey report);

4. Each traffic accident analysis and appraisal report;

5. A autopsy appraisal report and a gene appraisal report;

6. Application of each statute of photograph;

1. Relevant 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, and Article 268 of the Criminal Act;

2. Article 53 of the Criminal Act to mitigate small amount, Article 55 (1) 3 of the Criminal Act;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act

1. The summary of the allegation was immediately stopped and searched the surrounding area immediately after the accident of this case, but the defendant was aware that it was not a person but a person because he was unable to discover the victim, and became out of the scene of the accident, and thus, the defendant was not aware of the collision with the victim, and there was no intention of escape.

2. Determination

A. The phrase “cases where a driver of an accident runs away without taking measures pursuant to Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured party,” as provided in Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, means that the driver of an accident runs away.

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