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(영문) 전주지방법원 2018.08.07 2018고단1134
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 a period of 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 driving of a DNA car.

On May 22, 2018, the Defendant, at the front of the F, located in Yansan-gu E at the time of the Jeonsan-si on May 22, 2018, driven the car volume of the said Pool and made the left turn to the left at a speed that cannot be known from the front of the police box at the jurisdiction of the KBS broadcasting station.

At the time, there was a night and non-working, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the steering system

Nevertheless, the Defendant neglected this and did not discover the victim G (55 years) who was crossing the road from the right side of the moving direction to the left, without finding the victim G (5 years) who was crossing the road from the right side of the moving direction, and did not take necessary measures, such as immediately stopping the vehicle and providing relief to the damaged party, and then, the Defendant escaped from the International Hospital Emergency Center in the M of the Y-gu Seoul Special Metropolitan City on May 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. 112 A list of reported cases;

1. A death certificate;

1. Investigation report (related to confirmation of suspect A's telephone details, etc.);

1. Application of Acts and subordinate statutes to report on investigation (report on the confirmation of CCTV in the occurrence of a suspect traffic accident);

1. Relevant Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime, and Article 268 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act of the Social Service Order [the scope of recommended punishment] The 3 type of escape (the 1st to 4th of March) after traffic accident is the area of special mitigation (the 1st to 3th of March).

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