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(영문) 서울서부지방법원 2015.07.07 2015고단868
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a dump truck truck truck driver.

On April 9, 2015, the Defendant driving the above cargo vehicle around 08:20 on April 9, 2015, and led to the flow of the green translation three-lane road, which is located in 602 in the unification of Eunpyeong-gu Seoul Metropolitan Government, into the red-distance breath of the four-lane road.

It is a road that has a lot of vehicle traffic, and 49 cc. from the victim D (ma, 64 years old) driver's license plate on the right side of the same lane, and in such a case, the defendant engaged in driving service has a duty of care to drive safely by checking well the right and the right of the front side.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s cargo, caused the Defendant to take the part on the left part of the Defendant’s cargo gate, which was front of the Defendant’s truck, to go beyond the ground floor. The Defendant took the part on the part on the victim’s head, which was the front wheel of the Defendant’s cargo gate, into the Defendant’s cargo gate.

Ultimately, the Defendant, by such occupational negligence as above, left the victim in a traffic accident resulting in death due to two colonies, etc. from the same job, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. A written statement;

1. A traffic accident report;

1. On-site photographs, photographs of the vehicle from which the accident occurred, CCTV around the scene of the accident, and screen pictures to wear a stude of the vehicle;

1. A written result of autopsy and postmortem examination;

1. Application of Acts and subordinate statutes to a report on investigation (a photograph by cutting a black stuff image);

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 the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment], and escape after traffic accidents.

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