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(영문) 광주지방법원 2017.02.16 2016고단4740
특정범죄가중처벌등에관한법률위반(도주치사)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On October 23, 2016, the Defendant driven the above vehicle at around 20:33, and proceeded with the road of the road in front of the Eastern Industry, Co., Ltd., which is located in the 78th degree of the teaching village of Pyeongtaek-gu, Chungcheongnam-do at the time of the week, in a multi-section.

At the time, it was difficult to secure the view by night, such as getting off and off the road, and there were several persons, such as the victim D (16 years) depending on the right side of the road. In such a case, there was a duty of care to confirm whether a person engaged in driving service has a pedestrian and drive safely by taking into account the right side of the road.

Nevertheless, the Defendant failed to discover the victim due to negligence while neglecting such duty of care and did not take necessary measures, such as aiding the victim's left body part with the right headlight of the Defendant's vehicle, making the victim go beyond the floor, and escape without taking necessary measures, such as aiding the victim.

Ultimately, the Defendant caused the victim by the above occupational negligence to suffer treatment by liver heat, etc. from the Joseon University Hospital located in 365, based on the 24th day of the same month, around 01:57, the Defendant caused the death of the victim by the low blood shock shock generated from the marc disorder, the marc and marical blood response disorder.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, H, and I;

1. The application of the actual survey report, each investigation report, death diagnosis report, and each traffic accident evidence examination and photographing statute;

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 to mitigate small amount;

1. Scope of the recommended punishment according to the sentencing criteria: Imprisonment with prison labor for a period of three to five years, and the escape shall be made after traffic accidents.

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