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(영문) 춘천지방법원 영월지원 2018.01.09 2017고단466
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 sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On October 29, 2017, the Defendant driven the above cargo vehicle around 20:19, and proceeded with the 424 local highway located in 392, Seogwon-gun, Seogwon-gun, Seogwon-gun, Seogwon-gun, which was located in 392, at the Myeongsan-gun, Seogwon-gun, Seogwon-gun, to the non-speed speed.

Since the place is set up as the second line road and the bus stops in the vicinity, there was a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving the vehicle, such as whether there is a person on the road by checking well the right and the right of the road.

Nevertheless, the defendant neglected to do so and tried to find out the victim D(67) who was unsatisfed on the same road as it was unsatisfyed by negligence.

Ultimately, even though the above occupational negligence caused the death of the victim due to the cardiopulmonary pulmonary injury, the Defendant immediately stopped and escaped without taking measures such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. A death certificate;

1. A report on investigation (to secure a black box image of parking vehicles that stay in an accident area);

1. A report on investigation (verification of a black box of a motor vehicle);

1. A report on investigation (Submission of an urban bus boomer) and a photo of a black stuff;

1. Investigation report (a CCTV investigation established at the seat of a witness H), CCTV images;

1. Report of investigation (case of the result of autopsy by victim D);

1. Application of Acts and subordinate statutes to drillings;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment for a limited term as to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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