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(영문) 대전지방법원 천안지원 2017.08.31 2017고단1228
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A defendant who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. in Escape) shall drive a motor vehicle with a high level or high level of car.

On May 29, 2017, around 22:05, the Defendant proceeded along the two-lane road in front of the F in South-gu, South-gu, South-gu E along the direction of the visible distance from the intersection to the direction of the private distance.

At the time, there are two-lanes of pedestrians attempting to cross the road without permission, and thus, a driver of a motor vehicle has a duty of care to drive a motor vehicle while paying attention to allowing pedestrians to immediately stop, in consideration of the possibility of occurrence of pedestrians attempting to cross the road without permission.

Nevertheless, the Defendant neglected such duty of care and went to the ground by neglecting the victim G (son, 65 years old) who was a crosswalk in the crosswalk on the right side of the direction of the Defendant’s proceeding to the right side of the pedestrian stop, and went to the ground. However, the Defendant escaped without disclosing the identity of the Defendant to the person related to the traffic accident, such as the victim or police officer.

On May 29, 2017, the victim died at a university hospital of the Republic of Korea, which is located in 201, south-gu, South-gu, East-gu, Dong-gu, Seoul Special Metropolitan City, as a heart stop.

2. Violation of the Road Traffic Act (Free License) driving of a motor vehicle without obtaining a driver’s license, the Defendant driven a motor vehicle with approximately KRW 2 km section D in front of a 2-km-dong restaurant at the south-gu New East-dong, South-gu, Southern-gu, Seoul Special Metropolitan City (hereinafter referred to as the “FF”) on the front of the FF road located in the same Gu E.

3. On May 29, 2017, around 22:10, the Defendant also runs a driving vehicle to the police station instead of referring to the driverless license for the vehicle, even though he/she gets involved in a traffic accident while driving his/her vehicle as described in paragraph (1) and escaped as it is.

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