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(영문) 대구지방법원 2020.09.25 2020고단2116

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

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

At around 17:51 on December 8, 2019, the Defendant driven the above van and proceeded one way in front of the DHaw point in Busan Metropolitan City, in the direction of the North Korean branch of the F Association, from the direction of the E pharmacy.

Since the place is where the center line of yellow solid lines is installed, a person engaged in driving a motor vehicle has a duty of care to thoroughly drive the motor vehicle on the front side and safely drive the motor vehicle in order to prevent accidents.

Nevertheless, the Defendant neglected this and led the victim G(27 years of age) driver's disturbance, which took place at the center line due to the negligence of running the center line, was shocked by the left side of the vehicle and the front gate of the vehicle of the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained an injury to the victim, such as a scam base, etc. in need of treatment for about three weeks, and at the same time, even though 1,421,464 won was damaged to repair the damaged vehicle, she immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. The Defendant stated to the effect that the Defendant’s assertion regarding the occurrence of the instant traffic accident does not escape from driving the vehicle by leaving the scene of the instant traffic accident, on the following grounds: (a) the report on the occurrence of the traffic accident by the police statement with G, the investigation report on the actual condition of the traffic accident, the car inquiry, the mandatory insurance association, the certificate of the driver’s license, the written diagnosis on the vehicle driving certificate, the investigation report on the estimate (Attachment of the damaged vehicle photograph, such as a black

However, considering the evidence submitted by the prosecution, in particular, the police statement of the victim, the CCTV accident photograph, and the degree of damage of the victim's vehicle, the defendant was also aware of the occurrence of the accident at the time of the collision with the central line.