logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.06.28 2018고단233
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a low-priced car.

On September 25, 2017, the Defendant driven the above car on around 00:48, and followed the Songpa-gu Seoul apartment zone, Songpa-gu Seoul, and led to the passage of one-way road to G from the south side of the locking room at about 70km in speed.

At night, it was difficult to view the road at night, and the above road was missing as a F apartment complex, so the person engaged in driving service has a duty of care to safely drive the road by making it possible for the person engaged in driving service to cope with the problem even if he/she appeared as a reasonable pedestrian.

Nevertheless, the Defendant neglected this and neglected to set a speed within the speed limit, and neglected to do so on the front side of the said road by negligence, and instead neglected to do so, the Defendant served the victim with the wheels of the said vehicle with the front right side of the said vehicle and the front side of the said vehicle with the wheels of the said vehicle.

Ultimately, even though the Defendant caused the death of the victim due to the diversified damage by occupational negligence above, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement of the J;

1. Each police statement with respect to K and L;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. An investigation report (referring to comparison of non-products at the scene of an accident and damaged vehicles at the scene of an accident), an investigation report ( listening, etc. to the official statements of the State and the law), an investigation report ( listening to the statements of the State and the appraisal officers);

1. A corpse death certificate;

1. The autopsy report, the legal chemical appraisal report, the gene appraisal report, and the traffic accident analysis appraisal report [the defendant is an exclusive road for motor vehicles and the accident site of this case where pedestrians' notice is prohibited. Thus, the defendant has no duty of care to drive while preparing against the expectation that pedestrians will walk the above road. The defendant at the time of the accident of this case.

arrow