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(영문) 춘천지방법원 2020.09.08 2020고단631

특정범죄가중처벌등에관한법률위반(도주치상)

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of one year and six months from the date this judgment becomes final.

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

The Defendant is a person engaged in driving cars B NeneS G80.

At around 18:50 on April 2, 2020, the Defendant driven the above NAS car and moved directly into the C Apartment in the direction of D Apartment in the direction of D Apartment, along the two-lane roads in the vicinity of the Sacheon-si C Apartment (Sacheon-si), along the two-lane roads in front of the Sacheon-si apartment, and tried to make a right-way in the direction of the later distance.

In such cases, a person engaged in driving service has a duty of care to check whether there is another vehicle that can be an obstacle by properly examining the front and rear left of the direction of the vehicle, and to prevent the accident by driving safely along the lane.

Nevertheless, the Defendant used a mobile phone call with another person (see, e.g., evidence record 41) with a cell phone (see, e.g., evidence record) and neglected to perform the above duty of care and neglected to go beyond the center line, and by negligence, which can be deemed as falling under the so-called T (T) person, which is the moving direction before the Defendant makes the right-hand line, that is, the said long-distance may be deemed as falling under the said T (T) person, from the right-hand side to the security route of the victim E (57 years old) who was proceeding along the right-hand line from the right-hand side of the back-distance distance, and did not immediately discover and avoid it, the part of the victim’s gate and pent ender (Fender) was added to the part of the Defendant’s above NAN car driving seat prior to the front line of the said NAS car.

In the end, it is eventually.