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(영문) 대구지방법원 2019.09.18 2019고단3905

특정범죄가중처벌등에관한법률위반(도주치사)

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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On December 30, 2018, the Defendant driven a B SP-type car on December 30, 2018, and led to the flow-distance road in the city of Daegu-gu along the two-lanes from each mountain basin to the lower side of the two-lanes.

At the time, there was a new wall that did not see the sea, and it was a three-distance intersection, and there was a place where pedestrians are frequent, so the Defendant, who is engaged in driving, had a duty of care to look at the front, rear and left well, and accurately operate the steering direction and brake system, and in particular, there was no pedestrian crossing the road, and the Defendant has a duty of care to drive.

Nevertheless, the defendant neglected this and found the victim C(53 years of age) crossing the road without permission from the left side of the vehicle driving direction of the defendant to the right side of the defendant's vehicle driving direction, and caused the victim to go beyond the victim by shocking the victim by the front end of the above vehicle, and followed the body of the victim at the bottom of the defendant's vehicle driving.

Ultimately, even though the above victim caused the above victim to suffer damage to the diversity of a telegraph at the above site, the Defendant did not immediately stop and failed to take measures such as providing relief to the victim, and escaped as it is.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer in relation to D, E, F, and G;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, and notification on the results of traffic accident analysis;

1. Each photograph: To capture each box image of a vehicle or bus involved in an accident, to capture a crime preventionCCTV image, and to capture the outside and lower parts of the vehicle involved in the accident;

1. The application of Acts and subordinate statutes to a written autopsy and written autopsy and appraisal;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 54 (1) of the Road Traffic Act concerning the relevant criminal facts, the selection of punishment, etc.;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;