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(영문) 서울서부지방법원 2019.05.09 2019고단153
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

A defendant shall be punished by imprisonment for three years.

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

The defendant is a person who is engaged in driving a B car.

On December 31, 2018, the Defendant driven the above car at around 20:16, and two lanes in front of the Dcar Center in Yongsan-gu Seoul, Yongsan-gu, Seoul, were driving at the bus stop and three lanes in front of the Dcar Center in Yongsan-gu, Seoul.

At night at the time, the victim F(n, 79 years of age) was driven by being towed by hand, and in such a case, the driver of the motor vehicle had a duty of care to prevent the accident by avoiding speed and properly manipulating the steering direction, brakes, etc. of the motor vehicle by properly manipulating the steering direction and operating the steering system of the motor vehicle.

Nevertheless, the Defendant failed to properly operate the electric-time duty, the steering direction, and the operation system while under the influence of alcohol, caused the Defendant to go off the Defendant’s car at the front of the right part of the Defendant’s car and caused the victim to fall off from the day of delivery due to its shock.

Ultimately, at around December 31, 2018, the Defendant: (a) caused the victim’s occupational negligence to die with chest-resistant surgery in the H Hospital located in Seoul G on December 21, 2018; (b) at the same time, the Defendant destroyed the said fingers to the extent that it is impossible to know the repair cost, such as the damage of the said fingers to the damaged parts; and (c) even though the disuse of the said car on the road, which is loaded in the said car, interfered with the passage of other vehicles, interfered with the passage of other vehicles, the Defendant immediately stopped the vehicle and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual condition survey report, the following report, and the actual condition survey report (final report);

1. A corpse inspection report and a death check;

1. Application of the Acts and subordinate statutes to the closure photographs of an accident image, the scene of the accident, the fingers photograph, the photographic photo of a dials, damaged objects photograph, and CCTV images;

1. Relevant provisions concerning facts constituting an offense;

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