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(영문) 대전지방법원홍성지원 2020.10.14 2020고단173
특정범죄가중처벌등에관한법률위반(도주치사)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five 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 October 2, 2019, the Defendant driven the said car on October 18:16, 2019, and continued to drive the said car on the road in front of the “D cafeteria” located in Chungcheongnam-gun budget C, Chungcheongnam-do.

At the time, there was a situation in which it is difficult to secure the view due to night and rain, and there was a slope, and there was no view, but frequent passage of ordinary pedestrians. In such a case, there was a duty of care to prevent accidents by driving safely by checking well the right and the right and the right of the driver.

Nevertheless, even though the Defendant neglected this and went away without taking measures when a traffic accident occurred, such as making a stop immediately, providing the victim with personal information, etc., even though the victim E (n, a woman aged 79)'s body part of the victim E (n, a woman), who is walking on the right side of the road on the right side of the marina, has fallen into the right side of the said vehicle.

Ultimately, at around 19:33 of the same day, the Defendant caused the victim’s death by occupational negligence, resulting in the injury of external wounds in G Hospital located in Chungcheongnam F, thereby resulting in the death of the victim.

Summary of Evidence

1. Some of the police suspect examination records against the defendant;

1. The police statement of H;

1. Reporting on the occurrence of a traffic accident, on the site of a survey report on actual condition, and photographs of accident vehicles;

1. CCTV images;

1. Application of the Acts and subordinate statutes to report on the investigation of death certificate ( CCTV images for suspect-based);

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the selection of limited imprisonment for a definite term;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The summary of the argument of the defendant and his defense counsel under Article 62(1) of the Criminal Act is the victim of the automobile.

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