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(영문) 대전지방법원 천안지원 2020.06.19 2020고단658
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 drives a K5-car.

On March 5, 2020, the Defendant driven the above car on March 21:3, 2020, and driven the two-lanes of the two-lanes in Western-gu C in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, the two-lanes of the two-lanes of the straight separation distance from the direction of the office of Seoan-gu, Seoan-gu.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by driving the motor vehicle in a safe way by taking into account the traffic situation on the front.

Nevertheless, the Defendant neglected this and neglected to drive the F-wheeled Vehicle, which is driven by the victim E (Nam, 59 years old) who was driven in the front line due to negligence in the front line, and received the part of the F-wheeled Vehicle’s loading in front of the right line of the said vehicle.

As a result, the Defendant suffered injury, such as duplicating us at the time of the above occupational negligence, which requires approximately four weeks of medical treatment, and at the same time, escaped without any necessary measures, such as aiding the victim by immediately stopping the duplicator, even though it damages the duplicator to the extent that the repair cost is equivalent to KRW 6,161,500.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G self-statements;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to traffic accident reports, actual condition surveys, reports on the occurrence of traffic accidents, photographs, identification pictures of number-type cameras, and photographs in progress prior to the occurrence of traffic accidents;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Commercial concurrence;

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