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(영문) 광주지방법원 2020.05.21 2020고단739

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 who is engaged in driving of a vehicle B.

On February 6, 2020, the Defendant driven the above vehicle on February 17:25, 2020, and proceeded with the two cycle roads in the Doo-dong Busan Metropolitan City in accordance with the two-lanes from the water tunnel to the small-distance gate in the water tunnel. On February 6, 2020, the Defendant changed the course from the deline of the road where the prohibition of change of course was indicated to the three-lanes.

There are lots of tunnels installed on the road surface, and in front of the two-lane in which the defendant was running, the motor vehicle is influenced, and the motor vehicle is running on the one-lane, so the motor vehicle driver has a duty of care to prevent accidents in advance without changing the course in the tunnel, and the motor vehicle driver has a duty of care to safely proceed along the surface display and prevent accidents.

Nevertheless, as a result of the change from the two-lanes to the three-lanes of the two-lanes in a tunnel in order to overtake the motor vehicle in front of the defendant while neglecting this, the defendant was driven by the victim D(58 years old) who driven the motor vehicle in front of the defendant while driving the motor vehicle in front of the motor vehicle in front of the defendant, driving the motor vehicle in front of the motor vehicle in front of the victim D(58 years old) who driven the motor vehicle in front of the motor vehicle in front of the defendant.

Ultimately, the Defendant, due to such occupational negligence, caused the victim to suffer satisfy in need of treatment for about three weeks, and at the same time, 4,777,539 won of the repair cost, such as the exchange of catfyers, etc., of the said vehicle owned by the victim, and escaped without immediately stopping the vehicle at the site and taking measures, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A criminal investigation report (a video explanation at the time of an accident);

1. A traffic accident report;

1. A medical certificate;

1. Application of the written estimate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.