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(영문) 대구지방법원 2020.05.14 2020고단16
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving motor vehicles B;

On November 17, 2019, the Defendant driven the above car at a speed of 22:00, and led to the flow of the three-lane roads of the 3rd line in front of the National New Cancer Park at Daegu-dong, Dong-gu, Daegu-gu, 71-ro, the 71-lane National Cancer Park at a large distance from the long-distance flood flooding area to the long-distance flooding area at an irregular speed depending on the two-lane.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear, brakes, etc. for those who are engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s vehicle driving direction by negligence, and thereby, received the back part of the victim C (Nam, 44 years old)’s Maz car driving in front of the Defendant’s vehicle driving direction.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim C, such as salt, tensions, etc. in need of medical treatment for about 10 days, and at the same time, avoided repair costs of KRW 2,162,686, such as exchange of post-art pans, and escaped without immediately stopping and taking necessary measures, even though the Defendant destroyed the victim C’s marina car.

2. Violation of the Road Traffic Act (Free Driver’s License) driving of the vehicle B, without obtaining a driver’s license, on the section of about 2 km from the front of the G Administrative Welfare Center located in Daegu-gu, Daegu-dong-gu to the neighboring road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on the occurrence of a traffic accident and the report on a traffic accident;

1. The register of driver's licenses of tea and cars;

1. On-site photographs, vehicle number plate photographs, and suspect vehicle photographs;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant provisions concerning facts constituting an offense;

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