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(영문) 수원지방법원 2020.12.18 2020노3835
특정범죄가중처벌등에관한법률위반(도주치사)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The circumstances disadvantageous to the judgment: the Defendant, while driving a vehicle on a side on which pedestrians are frequent, failed to properly see the front door while driving the vehicle on a clear side, took the front part of the right side part of the pedestrian victim's left part of the front part of the vehicle without accurately operating the steering and brake devices, and the shock caused the shock of the victim's back part of the front part of the front part of the vehicle, and escaped without taking all necessary measures, such as providing relief, even though the victim caused the instant accident, and confirmed the situation of the vehicle, and the result of the victim's death was extremely significant after the Defendant escaped.

There is no negligence on the victim with regard to the occurrence of the instant accident.

On April 29, 2020, around 19:10, the Defendant reported the instant crime to the police only to the effect that “it may cause a heavy accident while driving a vehicle at the time and place specified in the instant facts charged (it is not acceptable, despite the Defendant’s assertion that he/she voluntarily surrendered at the time of the instant report).” On April 30, 2020, the police did not properly recognize the instant crime until it shows CCTV images at the scene of the instant accident even at the time of investigating the Defendant on April 30, 2020.

The favorable circumstances: The defendant shows an attitude against the defendant's prison life during the period of seven months until now.

Although it is not based on the defendant's report, it seems that the first aid team arrived at the site after about 16 minutes from the time of the occurrence of the accident in this case and then sent the victim to the hospital.

Defendant

A driver's vehicle is covered by a comprehensive motor vehicle insurance, and the defendant's side separately pays 60 million won to the bereaved family of the victim at the court below, and the bereaved family of the victim shall agree.

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