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(영문) 청주지방법원 2016.05.09 2016고합2
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of two 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 DM5 vehicle.

On April 4, 2015, the Defendant driven the said car at around 23:03, and changed the lane to three lanes in front of the point 291.9km from Busan to Seoul from the direction of Busan, while driving the car at around 23:03, Cheongju-si.

At the time, there was a prior accident, such as the accident vehicle and witness vehicle stopping on the side, which was not well secured due to night and raining, and on the side, there was a duty of care to safely drive the vehicle by reducing the speed of the vehicle and keeping the traffic situation well.

Nevertheless, the Defendant failed to discover in advance the victim E (hereinafter referred to as 30 years of age) who was returning a vehicle due to the preceding single accident due to the negligence of not reducing speed without neglecting it, and used it between 3 and 4 times due to the preceding single accident, and tried to leave the victim who was used in the station with a three-lane vehicle by driving the vehicle on the defendant's passenger vehicle.

F caused the victim to resume the G rocketing car driven by the F. F. H.W.

Ultimately, the Defendant caused the death of the victim from the occupational negligence above due to the diversified damage in his job.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Each statement of H and I prepared;

1. Investigation report (to have a witness H telephone conversations) and investigation report (to have a witness I telephone conversations);

1. A traffic accident report;

1. Each appraisal report and each autopsy report;

1. A death certificate;

1. Sending a traffic accident analysis report;

1. Application of the Acts and subordinate statutes to black stuffs, black stuffed vehicles with a string of each accident site photograph, a black stuffed vehicle (turfed by a witness H), a string string of strings images, and a black booms CD;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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