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(영문) 수원지방법원 성남지원 2019.05.21 2018고단2593

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person who is engaged in driving freight B and B.

On August 9, 2018, the Defendant driven the above cargo vehicle around 19:00, and proceeded to turn to the left at a narrow speed from D to E sub-factory in the direction of E.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take into account the traffic situation of the driving direction and prevent accidents by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected this and did not properly look at the front side, and took the victim F (year 77) who was towed by hand on the right side of the cargo driving by the Defendant, and shocked into the front side of the cargo vehicle.

Ultimately, the Defendant got hospitalized treatment due to the above occupational negligence due to injury, such as low oxygen brain injury, etc., around March 14, 2019, and went away without taking necessary measures, such as immediately stopping the back and providing relief to the victim, even though the victim was killed due to satise satis, etc. on March 14, 2019.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report, each photograph (10 pages, 36 pages, 43, 58 pages), each medical certificate, and a death certificate;

1. Application of the details of the report in the 112 case (nine pages of investigation records), emergency medical services (54 pages of investigation records), investigation reports (to hear the first discovery's telephone statement) and statutes;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destruction or damage);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment and limited imprisonment;

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).