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(영문) 의정부지방법원 2016.07.22 2016고단1375
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a C car free car.

On October 26, 2015, the Defendant came to turn to the left at the stop of taxi from the Dog-do Slcheon-gu, Youngcheon-gu, Gyeonggi-do, the 08:40 on 26 October 2015.

Since there is a place where a crosswalk is installed, the driver has a duty of care to observe the traffic signal and to prevent accidents by checking the road conditions on the front side and right side.

Nevertheless, the defendant neglected to make a left-hand turn on the red signal of the vehicle and brought the front wheel part of the victim D(79) who crossed the crosswalk from the right-hand side of the vehicle for pedestrians to the left-hand side of the crosswalk in the direction-hand side of the vehicle for pedestrians.

Ultimately, even though the Defendant’s collision with the victim due to such occupational negligence, thereby causing injury to the victim, such as brain cerebrovascular, etc., and caused the death of the victim of external cerebral cerebrovascular on February 18, 2016, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on traffic accidents and a survey report on actual condition;

1. A death certificate;

1. Application of on-site photographs and Acts and subordinate statutes governing postmortem photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act (Selection of Imprisonment with labor for a period of time);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The reason for sentencing under Article 62(1) of the Criminal Act / [the scope of recommended punishment] the three types of escape (the escape (the escape (the escape after death) from June to April) in the mitigated area (the special mitigated person] [the imprisonment with prison labor for three years, the period of suspended sentence for three years, and the period of suspended sentence for four years: The defendant operated a vehicle in violation of a signal and did not provide relief to the victim after the occurrence of a traffic accident.

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