logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2018.01.10 2017노404
특정범죄가중처벌등에관한법률위반(도주치사)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal (the imprisonment of two years and six months, the suspension of execution of four years, the observation of protection, the community service order of 200 hours and the order to attend a law enforcement lecture of 40 hours) of the lower court is deemed to be too uneasible and unfair.

2. The judgment that the defendant recognized the facts of the crime of this case and against his mistake, that the defendant's vehicle was insured and paid KRW 70 million to the bereaved family members as insurance money, that the defendant deposited total of KRW 30 million to the bereaved family members separate from the insurance money, and that the defendant's negligence in the location of the accident of this case is deemed to have been the cause of the accident (the location of the accident is the national road running under high speed (80 km) and both the roadways are facing soundproof walls, and both the roadways are adjacent to soundproof walls) are the factors of sentencing favorable to the defendant.

However, the Defendant was well aware that the vehicle driven by himself was shocked by the victim, and that the degree of damage to the harming vehicle was damaged by this unit, the front glass, the right ioner, and the Defendant was damaged by the whiteer and the front glass was immediately known.

In light of the following facts, the Defendant did not take any measures to rescue the victim after the accident in order to prevent the occurrence of his/her crime even though he/she could have easily known that the victim died or was in a very serious condition due to the instant accident, and escaped from the scene without taking any measures to rescue the victim, and the victim died. The Defendant repaired the piracy following the date of the accident, and the Defendant also damaged the vehicle by any other person than the repair contractor.

At the time of repair, 1480,000 won is paid to the owner of the vehicle in cash, and the payment of the repair cost did not remain.

Efforts have been made to thoroughly conceal accidents, such as the occurrence of accidents, from the date of the occurrence of the accident in this case ( October 3, 2016).

arrow