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(영문) 대구지방법원 경주지원 2019.03.20 2018고단649
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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 engaging in driving a bents car.

On July 29, 2018, the Defendant driven the above vehicle on July 18:15, 2018, and got out of it bypassing the road of the race school, which is located in 153-2, Alcheon-do, Alcheon-do.

At the time, there are a large number of vehicles waiting in order to make a right-hand turn to the same direction as the Defendant, so there was a duty of care to prevent accidents by reducing speed and driving a signal well.

Nevertheless, the Defendant neglected to do so and neglected to stop in the same line, and received the part of the victim C(50 years old) driving at the same line, which was under the influence of the Defendant, as the front part of the Defendant’s driver’s vehicle.

Ultimately, due to such occupational negligence, the Defendant: (a) inflicted an injury on the victim C, such as salt, tension, etc. of the bones of a wood that requires medical treatment for about two weeks; (b) committed an injury to the victim E (76 years old); (c) upon the victim E (76 years old); (d) upon the victim F (80 years old), the Defendant suffered an injury of the bones and tension of the bones of a wood that requires medical treatment for about two weeks; and (d) at the same time, the Defendant destroyed the said Aburged car so that its repair cost would be equivalent to KRW 296,217, such as exchange of hurf, and did not immediately stop the vehicle and take necessary measures such as aiding the victim.

Summary of Evidence

1. Each legal statement of witness C, G and H;

1. An interrogation protocol of the police against the accused (one time);

1. Statement of the police officer to I;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 148 of the Road Traffic Act concerning criminal facts.

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