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(영문) 수원지방법원 2018.02.20 2017고단6102

특정범죄가중처벌등에관한법률위반(도주치사)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 10, 2017, at around 00:53:39, the Defendant driven a d1 ton of a cargo vehicle, and led to the driving of the F station in front of the F station in E in terms of harmony along the south side of the bank from the math of the bank to the south side of the bank.

The location is that there is no street, etc. directly conjecting the direction of the defendant's driving, and the operation of the above gas station is completed and lighted on the part of the self-determination, so the road and its surrounding areas are kept worse, so the driver has a duty of care to drive while checking the safety of the course by properly examining the tide and the left and right of the road.

Nevertheless, the Defendant neglected to stop the vehicle and found the victim G (46) late behind the road on the two-lanes of the front side, and caused the victim's death due to diversified damage, etc. on the same day at around 01:10 on the same day. However, the Defendant immediately stopped the vehicle and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against H and I;

1. Statement made by the police to J or K;

1. Lritten statements;

1. A survey report, a written diagnosis of death, and a response to a request for appraisal by the Seoul Scientific Investigation Institute;

1. Application of Acts and subordinate statutes to photographs on the scene of an accident, and photographs of damaged damaged vehicles A;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment for a limited term as to the crime;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. A person who has been subject to special mitigation (one year to four years) in the area of special mitigation (one year and four years) after the occurrence of a traffic accident after the traffic accident in the sentencing guidelines apply: A self-denunciation, or a person who is not subject to punishment, if the victim has committed considerable negligence in the occurrence of a traffic accident;