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(영문) 인천지방법원 2019.06.26 2019고단391

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a 1 ton cargo vehicle B.

On October 4, 2018, around 17:40 on the 17:40 on the 17:40 on the Triju-si of the Gyeonggi-do, the Defendant, at the rate of sphere, proceeded toward a four-lane road of 57.17 km away from the 1st common road in Seoul outside Seoul, the two sides from the 1st common road to the two-way fire fighting road.

In this case, there was a duty of care to prevent accidents in advance by changing the vehicle line with the driver of the vehicle in consideration of the traffic situation of the front and rear left, and by accurately manipulating the steering system, brakes and other devices of the vehicle.

Nevertheless, the defendant neglected this and caused the damage to the right side of the victim C's DK7 vehicle that was driven on the third lane by the negligence of changing the four lanes from the side and changing the three lanes at once.

Ultimately, the Defendant stated in the indictment that the victim suffered from an injury, such as satisf, in the light of the foregoing occupational negligence, that the victim was unable to suffer any particular injury (a written statement on the occurrence of traffic accidents) and the victim was forced to enter into an agreement with the Defendant after the occurrence of the accident, such as giving rise to inconvenience in lue and knee, etc. (the witness C’s legal statement), and that the victim was refused to enter into an agreement with the Defendant on October 10, 2018, which was six days after the accident, and immediately released from the hospital immediately after agreement with the insurance company on October 12, 2018. In light of the fact that the victim appears to have not received any particular treatment other than 1 and 2 times (the witness C’s legal statement), it is difficult to readily conclude that the written diagnosis in the written judgment alone incurred any injury for about 2 weeks (see, e.g., Supreme Court Decision 2016Do1516, Oct. 16, 2018).