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(영문) 수원지방법원 안양지원 2018.07.17 2017고단2348
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of freight cars.

On August 23, 2017, the Defendant driven the above cargo vehicle around 23:30, while driving on the road in an excessive city E from the direction of the waste incineration site in an excessive city to the private distance of the telecommunications unit about about 10km each hour, depending on one lane from the direction of the telecommunications unit in an excessive city.

At the time, the Defendant discovered that the victim F(50) was under the influence of alcohol and walked on the front side. In such a case, the Defendant had a duty of care to safely drive the vehicle by sending the signal to the victim, such as a horn, etc., with the victim’s well-being, and safely drive the vehicle and prevent the accident.

Nevertheless, the Defendant neglected this and got the victim to go beyond the ground on the right side of the above cargo vehicle due to negligence leading up to the speed of the above cargo vehicle, and the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the damaged person, even though the victim was her head with the rear wheels of the above cargo vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence as seen above, resulting in the victim's death in a complicated frame by leaving two teams and insides of his or her workplace.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement of the police statement related to G;

1. A traffic accident-related statement of H;

1. Reports (1), (2) on traffic accidents;

1. Photographs related to accidents;

1. A corpse death certificate;

1. Seizure records;

1. Response to a request for appraisal;

1. A written appraisal of autopsy;

1. CCTV video CDs;

1. Each investigation report (the investigation of the ship from the Defendant’s vehicle boom analysis and investigation of images, and from the suspect’s accident to the place where the cargo was parked) (the Defendant did not violate his/her duty of care and did not recognize a traffic accident);

The crime is denied by asserting it.

However, the point of accident is near the place where the defendant parks cargo vehicles at all times, and it is often a place where women are familiar with.

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