(영문) 전주지방법원 정읍지원 2016.11.24 2015고단673

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(영문) 전주지방법원 정읍지원 2016.11.24 2015고단673

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Cren car.

On October 5, 2015, the Defendant driven the above car at around 19:40 on October 5, 2015, and got to turn to the right from the end of the defendant's office located in D at the regular Eup.

At the time of night, there was a duty of care to care for a person engaged in driving of a motor vehicle in a safe manner by taking care of the rear.

Nevertheless, the defendant neglected to do so, and the head and body part of the victim E (the age of 60) who was accumulated on the ground side of the defendant's car after the driver's car was taken to the front right side of the defendant's car.

Ultimately, the Defendant, at around 20:50 on the same day, escaped without taking necessary measures, such as providing relief to the victim, even though it caused the death of the victim due to damage to the chest dysium in the G Hospital located in Jung-gu, Jung-gu.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by a witness H in the third protocol of the trial;

1. A written request for appraisal;

1. Protocol of inspection;

1. A death certificate;

1. A comprehensive traffic accident analysis report (traffic accident comprehensive analysis report) asserts to the effect that the Defendant informed an accident to an adjacent I police box immediately after the accident, and confirmed the arrival of the ambulances, and did not have any criminal intent to commit an escape out of the scene. The Defendant visited an I police box 20 meters away from the scene immediately after the accident occurred and reported as an witness to the effect that the person in front of his house gets out of the scene. At the time of the accident, the Defendant reported as a witness. At the time of the accident, the Defendant reduced the content of the damage to the extent that the victim took out the alcohol while the victim was in a critical condition, and H, upon receiving the Defendant’s report, made a statement to the effect that the victim gets out of the alcohol and passed out of the scene, was the victim’s food condition and the blood register.

유사 판례

-수원지방법원 안산지원 2013.01.24 2012고정378

-수원지방법원 2015.04.28 2014고합645

-대법원 1996. 11. 12. 선고 96도1997 판결

-전주지방법원 정읍지원 2015.07.01 2015고합17

-전주지방법원 정읍지원 2016.11.10 2016고정15