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(영문) 대구지방법원 2017.02.09 2016고단6181

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 punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C investment vehicle.

On September 23, 2016, the Defendant driven the above car at around 04:30, and proceeded at about 50 km per half month in front of the exit road in the middle-gu, Daegu, Jung-gu, according to the direction of the half-gu. The Defendant calculated the direction of the road at approximately 21 kilometers per half month from the direction of the direction of the road at the distance of the half-month.

At night and at the front of the road, the victim D(70) was crossing the road. In such a case, the driver had a duty of care to prevent the accident in advance by checking the safety of the victim or by driving the vehicle at a sufficient interval of time with the victim's well-being of the situation.

Nevertheless, the defendant neglected to do so and proceeded as it was due to negligence in front of the car driving ahead of the above car, received the victim's blick part crossing the road from the left side of the driving direction of the car driving to the right side, and let the victim go beyond the ground.

Ultimately, the Defendant, by such occupational negligence, caused the victim to die in the middle-gu of Daegu on the same day at the time of the death of a dead-name university movable property hospital in the middle-gu of Daegu on the same day, and the Defendant immediately stopped and escaped without taking necessary measures, such as aiding and abetting the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G statements;

1. On-site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] (the escape after traffic accident) No. 3 (the escape (the escape after death or death or death) after death or death). (The occurrence of a traffic accident or damage to the victim.)