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(영문) 대구지방법원서부지원 2020.10.22 2020고단166

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for a term of one year and four months.

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

1. Around 02:55 on Nov. 10, 2019, the Defendant: (a) was driving a car in the B Ssti-type B, and was driving from the seat of the Daegu-gu District Office to the Tropo-distance outflow from the seat of the Daegu-gun District Office; (b) on the ground that Dsi driven by the victim C (the age of 45) is running fast ahead of the Defendant’s vehicle; (c) on the same ground that Dsi driven by the victim C(the age of 45), which is a dangerous object, driven the vehicle in the above Sti-type, thereby driving the vehicle in the same direction, prevents the victim from driving the vehicle in the same direction; and (d) the victim was changing the lane to the direction of the victim; and (d) the victim was also driving the vehicle in the front direction of the victim; and (e) the victim was able to drive the vehicle in the same direction.

Accordingly, the defendant threatened the victim by carrying a vehicle, which is a dangerous object.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP area.

On November 10, 2019, the Defendant driven the said car at around 03:00, and threatened the victim C as above, and led the two-lanes of the two-lanes from the Daegu arboretum to the two-way distance.

In such cases, a person engaged in driving of a motor vehicle shall normally operate brakes and steering gear, and when it is likely to impede normal traffic of other motor vehicles, he/she shall not change course, and he/she shall be given a duty of care to inform the direction change in advance and to change the lane safely by making the traffic situation of the front and rear left, and by making the direction change safe.

Nevertheless, the defendant is negligent in doing so, and he is also a steering gear.