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(영문) 광주지방법원 2018.02.08 2017고단4735
특정범죄가중처벌등에관한법률위반(도주치사)
Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a low-speed car.

On August 14, 2017, the Defendant driven the above vehicle at around 21:50, and led to the direction of the glarg apartment in the direction of the glarg in the front direction of the glarg in the front direction of the glarg.

At the time, it was difficult to view the front door of the Defendant’s driver’s vehicle at night, and the victim was under the influence of alcohol on the road, so in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by accurately manipulating the steering gear and brake system of the vehicle while looking at the front and rear left and right of the vehicle.

Nevertheless, the Defendant neglected this and went into operation as it is, while driving on the left side of the front direction of the Defendant’s driver’s vehicle, took the body part of the victim F (the other, 65 years old), which is located on the left side of the front left side of the Defendant’s driver’s vehicle, with the front wheels of the Defendant’s driver’s vehicle’s driver’s vehicle, and escaped as it is without taking necessary measures, such as providing aid to the injured party by immediately stopping the vehicle at the Round Korean Hospital located in 191 as the Northwest-gu, Gwangju, Gwangju, by means of low blood pressure shock, etc. at around 0:07.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. A survey report on actual conditions;

1. A death certificate;

1. Response to a request for appraisal;

1. 112 A list of reported cases;

1. A criminal investigation report (the analysis of CCTV images for the purpose of protection, the attachment of CDs, and the analysis of witnesses' cream records);

1. Application of Acts and subordinate statutes governing accidents;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. The community service order and the like;

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