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(영문) 울산지방법원 2020.05.14 2020노268
특정범죄가중처벌등에관한법률위반(도주치사)
Text

The judgment of the court below is reversed.

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

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. The judgment of the defendant caused the instant accident in which the victim saw the bicycle while driving in excess of the restricted speed, and due to the shock, the victim passed away 25 meters away from the point of the accident to the point of the accident. While the defendant was fully aware of the fact that the victim needs immediate relief measures, the fact that the defendant left the scene and caused the death of the victim is disadvantageous to the defendant.

However, the victim 70km at a speed of 70km and without the bicycle lane see Article 174 of the evidence of speed 7.2km as a bicycle, and changed the way from the two-lane to the one-lane, rather than see Article 13-2(2) of the Road Traffic Act, and immediately thereafter, the victim's failure to wear the see Article 50(4) of the Road Traffic Act for bicycle riding riding safety, Article 32 of the Enforcement Rule of the Road Traffic Act, without wearing a light belt, but without wearing a light belt, all flaps of the upper flap were placed on the back of the bicycle site, and the defendant did not have a significant influence on the accident after the accident or advice of the victim. In light of the fact that the defendant was not at the front flag of the accident after the accident or the second flag, and the defendant did not have a significant influence on the accident or the surrounding flag after the accident.

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