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(영문) 대전지방법원서산지원 2020.08.20 2020고단433
특정범죄가중처벌등에관한법률위반(도주치사)
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car BM520.

On April 7, 2020, the Defendant driving the said car on April 7, 2020, and driving the said car at the speed of about 50 km from the high-face direction to the direction of D University.

At the time, the view was not well secured due to the night, and there was a road without distinction between delivery and vehicular road. Therefore, a driver of a motor vehicle has a duty of care to reduce speed, properly look at the right and the right and the right of the motor vehicle, to accurately manipulate the steering and brakes, and to prevent accidents in advance.

Nevertheless, the defendant did not discover the victim E (n.e., 76 years old) on the front road due to the negligence of neglecting this and did not discover the victim E (n.e., the 76 years old), and had the victim go beyond the ground floor with the part of the victim's bridge in front of the car of the defendant, and had the body and head of the victim go back as it is.

Ultimately, even though the above occupational negligence caused the death of a victim due to brain injury, etc. in the workplace, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Photographs and CCTV images;

1. A written autopsy report, a legal chemical appraisal report, a gene appraisal report, and a written request for appraisal;

1. Records of seizure and the list of seizure;

1. Investigation report (case concerning tracking of a suspected vehicle), investigation report (the initial reporter's statement), investigation report (to hear the suspect's statement), investigation report (to refer to telephone conversations, etc.), investigation report (to refer to telephone conversations, etc. of a suspect), investigation report (case concerning telephone of a suspect), evidence analysis and response, investigation report (related to cell phone digital forensic analysis results-related crimes), investigation report (to refer to cell phone digital forensic analysis results), defendant and defense counsel, and victim's defense counsel at the time of the accident.

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