(영문) 수원지방법원 안산지원 2020.02.14 2019고단3587

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(영문) 수원지방법원 안산지원 2020.02.14 2019고단3587

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck.

On April 18, 2019, the Defendant was driving a dump truck above 07:34, and the Defendant changed the course to a two-lanes while driving the dump truck into a two-lane dump road near Seocho-gu ICT in the direction of the dump.

When intending to change the course of a vehicle, there was a duty of care to safely change the course and prevent accidents from occurring in the course of the vehicle driving service by checking whether it is likely to impede normal traffic of other vehicles running in the direction to change the vehicle.

Nevertheless, the Defendant neglected this and followed the two-lanes of course by changing the course as it was, and the victim C (the age of 22) driven by the victim C (the age of 22) was driving with the part front of the left door of the D dump truck and continued to drive the said dump truck with the part front of the Defendant's dump truck and continued to run the said sp truck with three-lanes, thereby facing the said sp truck facing the said sp truck on the dump day.

As a result, the Defendant suffered injury to the victim, such as the catitis that requires treatment for about two weeks by occupational negligence as above, and at the same time, 5,005,683 won of the repair cost was destroyed to the extent that the said car was damaged, making a stop immediately, and failed to rescue the victim or to take necessary measures to prevent any danger on the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. Statement to C by the police;

1. C’s statement;

1. A medical certificate;

1. Detailed statement of automobile inspection and maintenance;

1. A traffic accident report, a report on the occurrence of a traffic accident, and a report on internal investigation;

1. Forecast map of the location of the damaged vehicle at the time of an accident;

1. On-site photographs, motion picture images of damaged vehicles, Defendant vehicles.

유사 판례

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