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(영문) 대전지방법원 논산지원 2014.07.01 2014고단156
특정범죄가중처벌등에관한법률위반(도주차량)
Text

1. The defendant shall be punished by imprisonment for three years;

2. Provided, That the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 06:30 on December 17, 2013, the Defendant driven a C Poter Cargo and proceeded one-lane road in front of the bus platform, which is located in the 3rd Sung-dong-dong-si, Seosan-si, Seosan-do.

At the time, the view was not secured due to the failure of the sea, and the statutory speed was 60km/h, and the crosswalk was installed. As such, a driver has a duty of care to prevent accidents by complying with the speed of restriction and accurately manipulating the steering gear and brakes, and by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and proceeded with 96km/h by negligence, which led to the Defendant’s fault, and received the victim D ( South, 82 years old) who dried the crosswalk from the left side of the direction of the course to the right side, as the front part of the freight of the Defendant.

The Defendant, as a result, stopped the victim immediately and escaped without taking necessary measures, such as providing relief to the victim, even though it resulted in the death of the victim with a diversified organ organ by blood transfusion and over-explosion in his/her job.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Each entry in the traffic accident report, traffic accident report, photograph explanation, photograph explanation, photograph explanation at the scene of the accident, autopsy report, autopsy report, each CCTV image explanation, comprehensive traffic accident analysis report, and the application of Acts and subordinate statutes or images;

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of sentenced punishment: Imprisonment for not less than two years and six months to 15 years (Optional to imprisonment, and discretionary mitigation);

2. The sentencing criteria (the determination of types) shall be the traffic crime group; and

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