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(영문) 청주지방법원 제천지원 2017.08.03 2017고단149
특정범죄가중처벌등에관한법률위반(도주치사)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On February 23, 2017, the Defendant driving the above vehicle around 02:14, and driving the two-lane road in front of the E Hospital D at the Incheon City, along the two-lanes of the two-lanes from the surface of the bank in the city of the Incheon City to the surface of the air.

At the time, since it was night and rained, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes while properly observing the speed limit to those engaged in driving vehicles.

Nevertheless, the Defendant, at the speed of 48 km (80 km a speed of 60 km a speed of the road), is driving over about 81.4 km a speed of her speed, and was negligent in neglecting the speed of her speed and driving towards the port from the right side of the Defendant’s vehicle due to his/her negligence, and received the Victim F (68 km) who crosses the road to the right side of the road from the right side of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence as above, did not immediately stop the victim, resulting in the death of the victim due to the climatic damage, such as the anti-climatic damage, and failed to take necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A traffic accident analysis report, a traffic accident analysis appraisal report, a gene appraisal report, and a autopsy appraisal report;

1. A corpse death certificate;

1. Blus cambling video CDs and scambling CCTVs;

1. Application of Acts and subordinate statutes to photographs of distressed persons and motion picture pictures;

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. Article 52 (1) and Article 55 (1) 3 (Self-denunciation) of the Criminal Act mitigated by Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The Criminal Act, the suspension of execution;

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