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(영문) 대구지방법원포항지원 2020.11.04 2020고단1085

특정범죄가중처벌등에관한법률위반(도주치상)등

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person engaging in driving a spectrum wing car.

On February 14, 2020, the Defendant driven the above vehicle at around 09:30 on February 14, 2020, and led the front road to the intersection of 871 Han Apartment apartment street in the north-gu, Posi-gu, Mancheon-gu, Mancheon-gu, Mancheon-si, to the front road from the shooting range shooting range to the right-string distance.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to prevent accidents by safely driving the vehicle by ensuring that a person engaged in driving the vehicle is obliged to thoroughly see the front-way and not harming the center line.

Nevertheless, the Defendant neglected this and proceeded with the center line of yellow solid lines as it is. However, the Defendant shocked the front part of the victim C(Y, 53 years old) driver's car in front of the left-hand side of the Defendant's vehicle with the front-hand side of the Defendant's vehicle.

As a result, the Defendant suffered injury to sugars, etc., which did not have any open two rooms requiring treatment for about three weeks by occupational negligence as above, and at the same time, destroyed the above-learning damaged vehicle in a manner that is equivalent to KRW 1,390,489, and escaped without immediately stopping the vehicle and taking necessary measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, an accident site photograph, a traffic accident report, a visual closure photograph, and a traffic accident analysis report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on car inspection and maintenance specifications;

1. The fact of injury resulting from assistance in the crime concerned or escape: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall be more severe.