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(영문) 인천지방법원 부천지원 2018.08.31 2018고단1763
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 sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On July 2, 2018, the Defendant, as of the 23:23:23 in Seocheon-si, Seocheon-si, had a four-lane road in front of the bus stops located in the original ICT from Incheon to the two-lane in the direction of Seoul.

At the time, it was night and rained, and there was a crosswalk where signal lights are installed in the front door, so in such a case, the driver of the motor vehicle has a duty of care to prevent the accident by driving the motor vehicle while reducing the speed of the motor vehicle below the statutory speed limit and checking whether there is a person who intends to drive the crosswalk on the front side.

Nevertheless, the defendant neglected this and proceeded with the above car at about 100 km per hour exceeding 60 km per hour, which is the Do to the legal limit of the above road, and caused the victim E (V, 25 years old)'s left-hand body part of the victim E (V), which was the front part of the above car due to the occupational negligence that did not properly look at the front side while driving the car at about 100 km per hour.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. On-the-spot report (accidents and the facts of the arrival of the victim and the death of the victim), investigation report (the result of the interview conducted by the victim E-examination), investigation report (the investigation of CCTV images verification at the bus stop and the route of escape of the victim), investigation report (the analysis of the screen image of the reporter and witness vehicles), investigation report (the 60-1 bus screen image verification and the request for speed violation appraisal) (the 60-1 bus screen image verification and the request for speed violation appraisal), and the photo-related act and subordinate statutes shall be applied.

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