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(영문) 대구지방법원 상주지원 2020.04.08 2020고단45
특정범죄가중처벌등에관한법률위반(도주치사)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

At around 18:40 on February 7, 2020, the defendant driven the above car and had a one-lane of 83,000 from C to D elementary schools.

At the time, the view was not well secured due to the night, and the way was front of the bend village. In such a case, the driver was obliged to safely drive the steering room and the right and the right and the right and the right and the right and the right and the right of the driver, and to prevent the accident by driving the steering system and the brake system accurately.

Nevertheless, the defendant did not discover the victim E (Nam and 80 years of age) who was walked on the side of the road at the time when he operated a mobile phone in order to confirm text messages by negligence, while neglecting this, and did not discover the victim E (Nam and 80 years of age) and got the victim to move on the road 10 meters prior to the victim's bridge, body, and head part of the above vehicle.

Ultimately, the Defendant, even though he was informed of the victim due to the above occupational negligence, did not immediately stop and take necessary measures, such as aiding and abetting the victim, and had the victim escape as it is, at around 23:42 of the same day, from the “G Hospital” located within the Ansan-si F, Andong-si on the same day, caused the death of the victim due to stimulous shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. A postmortem report, a death diagnosis report, a preliminary autopsy report, and a gene assessment report;

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

1. Application of the Acts and subordinate statutes to field photographs, audio-visual photographs, photographs of the defendant's vehicle, and CCTV images;

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 1 of the limited imprisonment.

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