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(영문) 전주지방법원정읍지원 2020.09.10 2020고단265

특정범죄가중처벌등에관한법률위반(도주치사)

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

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

Reasons

Punishment of the crime

B Around 05:10 on September 28, 2019, the Defendant, who is in charge of driving a car in K5 vehicle, was driving the car in question and driving the road in front of the D, which is located in the Gowon-gun C, in the direction of the upper intersection from the surface of the section of the Go Chang-gun.

At the time, it was difficult to view at night, so in such cases, there was a duty of care to safely drive a person engaged in driving a motor vehicle by checking the front door and the left and right.

Nevertheless, the Defendant left the above road by negligence while neglecting this, caused the death of the victim E (or 79 years of age) who was walking ahead of the above road due to the above road edge, and failed to immediately stop and take necessary measures, such as providing relief to the victim, even though it resulted in the death of the victim due to the blood transfusion and the detailed load of the body.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A traffic accident report;

1. On-site photographs and photographs of the skin;

1. Blue vehicle booms photographic photographs, blue video CDs;

1. Notification to a department related to 112 Incident Report;

1. Comparison of black stuff images with CCTV images for crime prevention;

1. Photographs of the escape route;

1. Response to a request for investigation affairs (emergency medical services performed);

1. Investigation report (Adjustment of vehicles booms and CCTV for crime prevention by time);

1. A written result of autopsy;

1. Investigation report (hours and weather data at the time of occurrence of a case);

1. Application of Acts and subordinate statutes to response to traffic accident analysis;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act;

1. The circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the following facts.