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(영문) 부산지방법원 2020.08.14 2020고단2446
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

On May 4, 2020, around 18:03, the Defendant proceeded along the three-lane road in front of the 119 rescue unit of the Port Fire Fighting Station located in the upper 76 Li-ri-ri, Busan, Young-gu, Busan, along that one-lane road from the Yi-ri side to the Young-gu Office.

At this point, the center line of the yellow-ray was installed, and the first lane of the above road is a lane where the left- or left-hand turn can be left-hand, there was a duty of care to safely operate the vehicle in front of the same lane and the left-hand turn-hand turn-on.

Nevertheless, the Defendant neglected this and proceeded to turn to the left on the road, which led to the negligence of the Defendant’s failure to go to the center line, and caused the part of the victim C(28 years old) driver’s seat in front of the driver’s car with the signal and sign around the lane, such as the Defendant’s driver’s vehicle, to the back part of the driver’s car.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim C and the victim E (the 32-year-old person) by the fluoral cinite c, etc. in need of treatment for about 20 days to the victim F (the 6-year-old person). At the same time, the Defendant sustained each injury to the victim G (the 1-year-old person) in need of medical treatment for about 20 days, and even if the fluor car driven by the said victim C was damaged to the amount of KRW 342,846, the fluoral car driven by the said victim C without any measures such as providing relief to the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police statement C of the defendant's statutory statement, traffic accident report (including actual condition investigation report), each diagnosis report, and internal investigation report (including written estimate and accompanying materials);

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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