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(영문) 광주지방법원 2019.02.19 2019고단13
특정범죄가중처벌등에관한법률위반(도주치사)
Text

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

Reasons

Punishment of the crime

On December 22, 2018, at around 18:25, the Defendant driven a B B B Poter, and proceeded to a scambal police station on the front side of the B B Masung-gun road. However, even if he had a duty of care to safely drive on the front side of the B Masung-gun road, he failed to take necessary measures, such as rescueing the victim, even though he was negligent in driving a vehicle for pedestrian aids on board the victim D (79 years old and female) without neglecting the duty of care to safely drive on the front side of the B Masung-gun road, the Defendant died of the victim due to the 21:25 years old on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a death diagnosis document;

1. Each photograph (Evidence Nos. 7-1, 20-1, 26-1, 27-1, 29-1)

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. 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;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [decision of types] traffic accidents - Type 3 (Death, etc. after Escape) [Special Convict] - [Determination of the area of recommendation] mitigated elements / [ range] mitigated elements / [decision of the area of recommendation] 2 years and 6 months to 4 years [general person] mitigated elements / [decision of the sentence] there are no criminal charges / [decision of the sentence] the above sentencing factors and the above cargo vehicles / the defendant stated that he was moving the victim to an investigative agency; when considering the following factors, the defendant stopped immediately after the accident of this case and confirmed the status of the victim, and that the defendant escaped without attempting to rescue the victim.

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