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(영문) 서울중앙지방법원 2018.04.26 2018고단467
특정범죄가중처벌등에관한법률위반(도주치사)등
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 three 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 C27 tons of dump trucks.

On December 29, 2017, the Defendant driven a dump truck around 04:50 on December 29, 2017, operated the road of four-lanes in front of Seocho-gu Seoul Metropolitan Government D from the spump distance to the south-do (Seoul), along three-lanes from the spump distance to the south-do (Seoul), and changed the course to four-lanes.

In such cases, when it is likely that a person engaged in driving service of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change the course, and he/she has a duty of care to give prior notice of change of course and to prevent accidents by safely changing the lane through the operation of direction direction, etc. in advance, and the situation of traffic is well considered.

Nevertheless, the defendant neglected this and operated the victim E (58 tax) who was driving in the same direction by changing the course from the three lanes to the four lanes of the above road.

The front part of the F dump truck was taken front of the right part of the F dump truck and got the victim to go to the ground, and the front part of the dump truck was the front part of the right part of the victim's head.

Ultimately, the Defendant, by such occupational negligence, caused the victim to die from the two parts of his job due to damage, etc., and, at the same time, avoided the above two-wheeled automobile to the extent that the repair cost, such as the exchange of a lifts, 1,010,500 won, such as the above-mentioned two-wheeled automobile, and escaped without taking necessary measures, such as making contact with the hospital and the police agencies or making a report, etc. for the purpose of

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. On-site photographs and photographs of victims;

1. Application of Acts and subordinate statutes to dead bodies;

1. Article 5-3 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Road Traffic Act concerning criminal facts.

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