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(영문) 울산지방법원 2018.11.08 2018고단2637

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Criminal facts

1. The defendant is a person who is engaged in driving a motor vehicle with B low speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Escape) and the Road Traffic Act (after an accident).

On August 31, 2018, the Defendant driven the said car without a driver’s license on August 22 and 24, 2018, and driven the two-lane road in front of the C’D’ in Yangsan City, at a speed of 70km each hour from the apartment to the F apartment, according to the said one-lane road.

At the time, there is a frequent movement of vehicles that are alcoholed on the roadside. In such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle by driving the vehicle, such as putting the vehicle on the front, accurately manipulating the steering gear, etc.

The Defendant neglected the duty of Jeonju and failed to properly operate the brake system, thereby resulting in the Defendant’s failure to drive the brake system from the front line to the first line of the victim G (the 52-year-old driver) who was entering the front line of the Defendant, thereby obtaining the Defendant’s low-speed passenger car operated by the Defendant on the left side of the Defendant’s Habro Gohap, leading the Lone Star Corex to the right side.

Ultimately, the Defendant suffered injury, such as external cerebrovascular, from such occupational negligence, and at the same time, did not immediately stop the said Lone Star Co., Ltd to repair KRW 11,344,618 and did not take measures, such as providing relief to the injured party, and the Defendant escaped from the J Hospital located in Busan-gu, Busan at around September 13:00, and caused the death of the injured party.

2. On August 31, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a car with B, without a vehicle driver’s license, from a section of approximately approximately 1.6 km from the Lrd road located in K in Yangsan-si to the CD in Yangsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1.Written statements 1.