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(영문) 청주지방법원 2020.06.11 2019고단2951
특정범죄가중처벌등에관한법률위반(도주치사)
Text

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

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

Reasons

Punishment of the crime

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

At around 05:30 on August 25, 2019, the Defendant continued the front road of the D School in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, to a level of decentralization from the Cheongnam-do.

In such cases, there was a duty of care to prevent accidents in advance by returning the front side to a person engaged in driving of a motor vehicle well and driving safely.

Nevertheless, the Defendant neglected this and served the victim E (V, 60 years of age) as the above vehicle, which was derived from an inevitable cause on the one-lane of the proceeding direction by negligence.

Ultimately, at around 06:00 on the same day as above, the Defendant, at G Hospital located in F in a considerable area of Cheongju-si, caused the death of the victim due to diversity damage, etc., but failed to take necessary measures such as disclosing the status of the driver of the vehicle in question to the police officer dispatched to the site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written result of autopsy;

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

1. Application of Acts and subordinate statutes to traffic accident analysis and appraisal;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning criminal facts, the choice of limited imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is not obligated to abscond without taking necessary measures, such as disclosing the identity of the driver of the vehicle involved in the accident, even though he/she causes a traffic accident resulting in death by overcoming the victim.

However, the defendant recognized the crime of this case, and the victim's bereaved family members want to take the action against the defendant by agreement with the victim's bereaved family members, and the victim who was under way on the road due to the non-contentious cause at the time.

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