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(영문) 창원지방법원 진주지원 2017.05.31 2017고단147

특정범죄가중처벌등에관한법률위반(도주치사)

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a rocketing car.

On March 3, 2017, the Defendant driven the above car at around 18:45 on March 3, 2017, and led to the intersection in front of the E resting area D located in Jinju-si to the evaracy at a low speed from the offside to the offside.

Since the location was the intersection where signal apparatus and crosswalks are installed, there was a duty of care to confirm whether a person engaged in driving service is a person who gets on the way to reduce speed and to see well the right and the right and the right and the right of the road, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded with a red signal in violation of the signal, and thereby, received the victim F (the age of 89) who dried the crosswalk in accordance with green signals around that time.

Ultimately, even if the Defendant died of the victim due to the injury to the two parts of external wound in the above occupational negligence, the Defendant left away without taking necessary measures following the traffic accident, such as immediately stopping, checking the damage situation, and taking relief measures.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to G, H and I;

1. Written Statement;

1. A photograph of the accident scene and a photograph of the accident scene;

1. A death certificate;

1. The red CCTV images, CCTV images on the part of the accident site, those of the K-vehicle stuffs, those of Lbox stuffs, and those of the CCTV in M-cafeterias;

1. M receipt;

1. Application of the statutes of the response request for appraisal;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act, the grounds for imposing imprisonment for a limited term, or imprisonment for a limited term;

1. The application of the sentencing guidelines [the types of crimes] 3 types of death and escape [the sentence of recommendation] 4 to 9 years (special aggravated punishment] (special aggravated punishment), the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.