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(영문) 대구지방법원 2019.01.18 2018고단4450

특정범죄가중처벌등에관한법률위반(도주치사)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B cargo vehicles.

On September 29, 2018, the Defendant driven the above cargo vehicle at around 04:40, and applied the front intersection of D, which is located in Gyeongsan City, to turn to the left at the speed of the fire station at the Gyeongsan-si.

At the time, the night and the walk of the front door, and there was a crosswalk in which signal lights are installed, so the driver had a duty of care to check whether there is a person engaged in driving and build a road by reducing speed and checking the right and the right and the right of the front door and the right and the right of the road well, and to safely drive the road according to the new subparagraph.

Nevertheless, the Defendant neglected this and failed to discover the victim E (at 50 years old) from the left side of the course to the right side by occupational negligence, which caused the left-hand turn in violation of the signal, and got the victim to the front part of the said cargo vehicle and got the victim to the ground, and escaped without taking necessary measures, such as aiding the victim.

Ultimately, around September 29, 2018, the Defendant: (a) caused the victim’s death on September 29, 2018 due to the foregoing occupational negligence from the Ganbuk University Hospital located in 130, Jung-gu, Daegu-gu, Daegu-gu, to the shock of the amount of credit blood due to the trauma reduction rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A death certificate;

1. Reports on the occurrence of traffic accidents, reports on traffic accidents, and application of Acts and subordinate statutes on site photographs of each accident site;

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 criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation has resulted in the serious consequence of the death of the victim due to the instant crime, the defendant did not receive the consent from the victim's bereaved family, and the defendant has not received such consent.