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(영문) 청주지방법원 2019.03.26 2018고단2648
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:30 on September 8, 2018, the Defendant driven B B Poter 2, and proceeded two lanes in front of Jincheon-gun, Jincheon-gun, Jincheon-do, at a speed of about 100km per hour, depending on the Jincheon-gun, Jincheon-do, from the offside to the Jincheon-do.

At the time, the road at night was located at the speed of 80km per hour, and the victim D (26 years of age) was located on the front side, and in such a case, there was a duty of care to properly operate the steering and operating the steering system and to prevent accidents by properly operating the steering and operating the steering system.

Nevertheless, the defendant's negligence, which led to the defendant's vehicle facing the defendant's vehicle due to the occupational negligence, which led to excessive speed beyond the restricted speed and neglected the front part of the cargo vehicle where the defendant drives.

Ultimately, even though the Defendant caused the death of a victim due to multiple, long-term damage in the same job by occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning criminal facts, the choice of limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Consideration, such as the fact that an agreement is reached with a bereaved family member with reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that a motor vehicle comprehensive insurance is purchased, the fact that a motor vehicle is immediately surrendered after leaving the site, the fact that a victim is negligent by walking one lane of a two-lane road under the influence of alcohol at night, the fact that the victim is a primary offender, and the fact that the victim

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