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(영문) 울산지방법원 2020.02.21 2019고단1452
특정범죄가중처벌등에관한법률위반(도주치사)
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A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

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

On February 27, 2019, at around 05:10, the Defendant proceeded at approximately 91.3km in Si speed, depending on the two-lanes of road from the Esular distance protection area to the F-section.

It is a road with a restricted speed of 70km per hour, and at the time, the night and the surrounding area have not been sufficiently secured for the front time, so there was a duty of care to prevent accidents in advance by driving safely, such as complying with the restricted speed and making a good living at the front time.

Nevertheless, the Defendant neglected this and found the bicycle driven by the victim G (the age of 68) at a speed exceeding 21.3 km per hour, and had the victim go beyond the ground by using the back wheels of the bicycle as the part of the Defendant’s cargo vehicle, instead of avoiding the victim.

After all, the Defendant, even though he was driven by the victim due to the above occupational negligence, did not take necessary measures to rescue the victim and escaped from the scene, and had the said victim escape from the scene, and caused the death of the victim due to brain damage at the I Hospital located in Ulsan-gu, Ulsan-gu, U.S. H around 06:0 on February 27, 2019.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. A survey report on actual condition, a photo at the scene of an accident, and a death diagnosis report;

1. One copy of a investigation report (fluor's vehicle black records), a black fluor photo, a black fluor photo, and a CD with a black fluor image;

1. Application of the Acts and subordinate statutes of the Road Traffic Authority;

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. Sentencing sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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