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(영문) 청주지방법원 충주지원 2016.06.24 2016고단251

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 9, 2016, the Defendant, who is engaged in driving C observer car, was running one road in front of the Seongbuk-gu church located in the roadway 2 as the number of Chungcheong-si at the time of Chungcheong-si around April 23:20, 2016 as the front side of the Seongbuk-gu Dam in front of the Seongbuk-gu church located in the roadway 2 at the scambing-house.

At night, it was not proper to ensure the view of the road at night, as well as the road that the defendant's progress is not divided between the roadway and the delivery, and pedestrians frequently walk the road. As such, there was a duty of care to prevent accidents, such as proper operation of steering gear and brakes, by checking whether there is a pedestrian walking on the road by reducing speed and properly examining the road.

Nevertheless, at the time of the negligence of neglecting the above duty of care, the Defendant got the victim D (63) who walked along the above road side at the right side of the motor vehicle operated by the Defendant, and went away without taking necessary measures, such as providing relief to the injured party by immediately stopping and then caused the victim's death due to damage to the two severe damage on the 10:20 of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition and photographs on the scene of accidents;

1. A report on investigation (specific vehicle) and photograph of a suspected vehicle;

1. Photographs, requests for appraisal, replys to requests for appraisal, and reports on genetic assessment relating to the gathering of traces of the skin vehicle;

1. A report on investigation;

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

1. Relevant 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, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Application of the sentencing guidelines [the types] traffic crimes, escape after traffic accidents, and Type 3 [the escape after death (the escape after escape)].