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(영문) 대구지방법원 상주지원 2017.02.07 2016고단585
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 of a DPoter II cargo vehicle.

On December 16, 2016, the Defendant driven the above vehicle at around 19:10 on December 16, 2016, and the Gancheon-gun, Gancheon-gun, Gancheon-do, 52 meters prior to 100 meters wide-ro, Pungcheon-gun, Gancheon-do, 927 local highways from 100 meters long-distance, Gancheon-do, Gancheon-do, to the extent of about 60

At this point, there is a one-lane road in which the center line of yellow solid lines is installed, so the driver of the motor vehicle has a duty of care to operate the motor vehicle safely by accurately operating the steering direction and brake system by properly examining the boom and the left and right of the motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim E (53) who sited in the lane without examining the front side properly, and therefore, the defendant did not conflict with the victim E (53) who was damaged by the front part of the driver's vehicle.

Ultimately, the Defendant, by occupational negligence above, caused the victim to die with a prop-freeing blood, and even if so, failed to immediately stop and take measures such as aiding the victimized person, and escaped as it is.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report, accident scene photograph, death diagnosis report, and postmortem protocol;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment for a limited term as to the crime;

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 for community service work;

1. Application of the sentencing criteria [Scope of the recommended punishment] Transport crimes of Category Three (Death, etc. after Death) in the area of special mitigation (one year to three years) (one year and three years from death, etc.) (special mitigation factors)] in the area of special mitigation (one year and three years from the death, etc.), where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage, no penalty shall be imposed;

2. Determination of sentence shall constitute a traffic accident;

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