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(영문) 대구지방법원 2018.10.18 2018고단2192

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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a taxi in K7.

On March 10, 2018, the Defendant driven the above taxi on March 10, 2016:13, and proceeded along the two-lane of the two-lanes with the intersection of the Seodaemun-si, the highest radio route of 199 in Yongcheon-si, the two-lanes of the two-lanes.

Since there is an intersection with a signal signal, a person engaged in the driving of a motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed of the motor vehicle and to see well the right and the right and the right of the motor vehicle, and to drive the motor vehicle safely according to the new code.

Nevertheless, the Defendant neglected to do so and passed the crosswalk as it was due to the negligence of the Defendant, and received the victim D(57) (57) in front of the right side of the si.

Ultimately, the Defendant, due to the above occupational negligence, sustained approximately 6 weeks of medical treatment from the victim, but did not immediately stop the victim and take necessary measures such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. An investigation report (Attachment of a photograph to the closure of an accident image);

1. The CCTV CD in the accident [the defendant and his defense counsel did not know at all that the accident of this case occurred, and there was no criminal intent to escape.

The argument is asserted.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., (i) the victim himself/herself conflict on the front winger of the vehicle, and (ii) the victim was driving on the front winger at approximately 50 meters prior to the collision without any particular reason, while driving on the front 50 meters prior to the collision.

(2) According to the video images of the accident of this case, the victim of this case conflicts with the victim in front of the right side.