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(영문) 수원지방법원 안산지원 2019.04.26 2019고단1089
특정범죄가중처벌등에관한법률위반(도주치사)
Text

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

However, the execution of the above punishment shall be suspended for three 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-learning car.

On March 1, 2019, at around 03:04, the Defendant proceeded along the three-lane road in the front of D in C in Sii-si, Sii-si, Sii-si, with two-lanes of Sii-si and Sii-si.

Since there is an intersection and crosswalk installed, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by taking care of the front side and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant was negligent in driving a vehicle with due negligence and received the victim E (the age of 59) who was in front of the said vehicle.

As a result, the Defendant stopped the victim due to the above occupational negligence and did not take necessary measures, such as aiding the victim, but did so, and caused the victim to die on the job at around 03:13 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by the police of F and G;

1. Records of seizure and the list of seizure;

1. A written result of autopsy and postmortem examination;

1. A gene appraisal report;

1. On-site photographs (in-house photographs, 9 pages, 40 pages), change photographs, site photographs, CCTV fence photographs, CCTV fence photographs, J apartment parking lot CCTV, CCTV for the moving route investigation of the victim's vehicle, closures of on-site oil, vehicle photographs, vehicle photographs, suspect and G K conversation closures, parts of seized vehicles damaged by the victim's vehicle;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to investigation reports (specific suspect), investigation reports (specific vehicle number description), chassiss, mandatory insurance inquiries, the ledger of driver's licenses, comprehensive intensitys on the routes of moving vehicles, investigation reports (limited to the investigation of business reference witnesses) and criminal investigation reports;

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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