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(영문) 서울남부지방법원 2019.02.19 2018고단5328

특정범죄가중처벌등에관한법률위반(도주치사)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On July 20, 2018, the Defendant operated a dump truck around 11:19, while driving five-lanes of the five-lane roads near Yeongdeungpo-gu Seoul Metropolitan Government, the five-lanes of the five-lane roads near Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, were proceeding at a speed of about 25 km in the speed of Sim-si.

In such cases, the driver has a duty of care to prevent conflict with other vehicles and people by operating the steering and brakes accurately by accurately operating the steering and brakes while living well on the right and the right and the right of the driver.

Nevertheless, the Defendant neglected the above duty of care and proceeded with the surrounding area without examining it well, and the victim D (V, 54 years old) driven by the same direction from the right side of the defendant's running direction, was shocked to the right side of the dump truck, and went beyond the victim's head and body part with the right side of the dump truck.

Ultimately, even though the Defendant caused the death of the victim due to the damage to diversity by occupational negligence above, the Defendant immediately stopped and escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Results of fact inquiry by the Road Traffic Authority to the regional headquarters of Seoul Special Metropolitan City Branch Office;

1. The actual condition survey report;

1. Each screen image of CCTV and each screen CD;

1. Application of Acts and subordinate statutes concerning postmortem records;

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 punishment and limited imprisonment;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation is asserted to the effect that the defendant does not bear liability for the crime of death or injury resulting from escape because he knew that he had caused the victim to die due to shock at the time of the accident.

Domins, Domins, .