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(영문) 대전지방법원 2013.10.11 2013고단1900
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for three years.

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

Around 06:05 on March 11, 2013, the Defendant driven a low-speed car at C, and proceeded at a speed of about 40 km by using one lane in the direction of cultural early 4:00 in the direction of cultural early 4:00, the Defendant shall operate a steering system, etc. accurately, depending on the traffic conditions of the road and the structural performance of the vehicle, he shall not drive the vehicle at a speed or in such a manner as to inflict any danger and injury on others, and shall not drive the vehicle at a speed or in such a way as to interfere with the operation of the vehicle, without neglecting the duty of care to prevent the accident in advance, and instead neglecting the victim D (56 years of age) who was under the negligence of Jeonju-si, while taking necessary measures, such as aiding the victim, and let the victim escape without taking necessary measures, and caused the death of the victim during treatment at a hospital around 208:208 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

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 and Article 268 of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Punishment] : 2 years and 6 months to 15 years (after mitigation of punishment) - mitigated elements (a person who has been sentenced to special punishment) - mitigated elements (a person who has committed considerable negligence in the occurrence of a traffic accident even to the dead victim), - mitigated elements (a person who has been sentenced to comprehensive motor vehicle insurance, serious reflectness, and no record of criminal punishment) / [the scope of recommending punishment] traffic crime group, escape (type 3, a person who has escaped after a traffic accident (type 3, a death after the escape), special mitigation range, special mitigation range, 2 years and 6 months to 4 years (the period of suspended sentence of punishment)] of the Criminal Act - The main reasons for sentencing [whether or not a person who has died shall be sentenced to imprisonment with prison labor]

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