beta
(영문) 대전지방법원 2020.11.26 2020고단3125

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

The Defendant is a person engaging in driving a car B.

On May 14, 2020, the Defendant driven the said car at a speed of about 20km per hour, depending on the two-lane of the two-lane road in front of the D School in Daejeon-gu, Daejeon-gu, from the area of the Taepyeongcholi Distance to the area of the Taepyeongli Distance, at a speed of about 14:25 meters per hour.

Since the place is a child protection zone with a crosswalk where a signal, etc. is installed, in such a case, there was a duty of care to prevent an accident by driving a motor vehicle according to the safety of children, such as taking the front door and right door well, complying with the signal, etc. on the driver of the motor vehicle.

Nevertheless, the defendant neglected this and caused the damage of the victim E (E, South and six years of age) who was a child who passed the crosswalk from the right side of the defendant's proceeding to the left side of the crosswalk because he was negligent in driving the vehicle signal even though the vehicle signal was stopped.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., for about two weeks of medical treatment by occupational negligence as above, and, at the same time, escaped without taking necessary measures, such as aiding the victim, even though the Defendant damaged the bicycle owned by the victim to bring about KRW 100,000 for repair costs.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused in the prosecution concerning the accused's court statement;

1. Partial statement of the police interrogation protocol of the accused;

1. F’s written statement of the police officer with respect to the statement (No. 13), written estimate, written confirmation of medical treatment (No. 25), and written medical opinion;

1. A traffic accident report(1)(2), photographs of each accident site, accident booms, car booms, car booms, CCTVs for crime prevention (Sein Daejeon 2-1), video-cap photographs of a witness vehicle, 112 reported image images of a witness vehicle, 112 reported image, victim's bicycle photographs, suspect photograph, and G apartment CCTV.