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(영문) 대전지방법원 천안지원 2018.11.05 2018고단1393

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of 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 motor vehicle with sod motor vehicle of D.

On April 22, 2018, the Defendant, at the 02:55 Sinsan-si, Asan-si, Asan-si, 133, was driving at an insular speed along the intersection from the citizens’ private distance room, and the speed of the two-lanes, one of the two-lanes at the private speed.

Since there is an intersection where a yellow on-and-off signal is operated, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle after making a temporary stop before entering the said intersection and making it possible for another motor vehicle to pass the said intersection.

Nevertheless, the Defendant neglected to do so and did not properly look at whether there are other vehicles passing through the intersection, and caused by the negligence of entering the above intersection, which led to the left side of the course to the left side of the victim E ( South, 50 years old) who passed the above intersection where the yellow on-and-off signal was in operation, to the left side of the vehicle of the Defendant.

Ultimately, the Defendant, by such occupational negligence, immediately stopped the victim E with approximately two weeks of injury, such as the elbow joints of right arms in need of treatment, suffered injury to the victim G (the remaining and 27 years of age) who boarded on the damaged vehicle for about two weeks of treatment, and went away from the scene without taking necessary measures, such as aiding and abetting the damaged vehicle in excess of KRW 922,898.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. A traffic accident report;

1. Written estimate for automobile inspection and maintenance;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (the point of escape after the injury or injury caused by duty) regarding the crime in question.