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(영문) 청주지방법원 2014.05.14 2014고단384

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle of C New Flaunst Republic.

On April 5, 2014, the Defendant driven the said car at a low speed of 05:40, the Defendant driven the said car at a low speed of Cheongju-si, U.S., at a low speed of Cheongju-do, along the upper speed of one lane from the Cheongam-dong to the Cheongju-dong.

At this point, there is a narrow side of the first line, and there is a crosswalk without signal lights in the front line. In such a case, the driver of the motor vehicle has a duty of care to check whether there is a person who gets on a way to reduce speed and see well the right and the right and the right of the motor vehicle and to drive safely.

The Defendant neglected the above duty of care and did not discover the victim D (the age of 57) who crossed the crosswalk at the right-hand side from the left-hand side of the Defendant’s running direction and did not get the victim to leave the front side of the Defendant’s car and let the victim go against the front part of the Defendant’s car and fell into the ground.

Although the Defendant suffered from an injury to the victim by occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim. On April 5, 2014, around 07:53, the Defendant: (a) caused the death of the victim who was receiving medical treatment at the Cheongnam-gu Hospital Hospital located in 776, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City due to dystrophism, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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 committed;

1. Circumstances favorable to sentencing in Articles 52(1) and 55(1)3 of the Criminal Act for mitigation of self-denunciation: The fact that a person voluntarily surrenders to an investigative agency after committing the crime, and the vehicle involved in the accident is covered by the comprehensive automobile insurance.