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(영문) 대구지방법원서부지원 2020.12.17 2020고단1294

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving motor vehicles B;

On March 28, 2020, the Defendant driven the said car on March 28, 2020, and driven the said car, along the two-lanes of the said road, the three-lane road in front of the D, in Daegu Seo-gu C, was driven along the two-lanes of the said road.

In such a case, the driver of the motor vehicle has a duty of care to keep the accident from the failure of the accident by looking at the front while maintaining a sufficient safety distance from the front vehicle and accurately manipulating the steering and brakes.

Nevertheless, the Defendant failed to neglect it and failed to avoid the suspension of the passenger car in F. F. F. F. F. F. F. F. F. F. F. F. F. F. F.M., which was driven by the Defendant, with the front part of the passenger car driven by the Defendant, and the part of the vehicle driven by the Defendant was shocked by the driver.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as brain, without an open head, requiring treatment for about two weeks, and at the same time, destroyed the said low-speed car to the extent equivalent to KRW 1,294,383, and escaped without taking necessary measures, such as aiding the victim.

2. On March 28, 2020, the Defendant driving a car as set forth in paragraph (1) from the 2km section to the “D” road located in the same Gu C from the G nearby G in Daegu-gu without obtaining a driver’s license on March 28, 2020 to the G-gu, Daegu-gu without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation of E on the statement of statement of E (Attachment to CCTV images around the scene of the accident and images of the closure area);

1. A traffic accident;