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(영문) 대전지방법원 논산지원 2020.01.14 2019고단502
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

The defendant is a person who is engaged in driving a B-Wood vehicle.

On September 15, 2019, the defendant operated the above car at around 00:20, and continued to proceed with the national highways No. 3, 3, 3, 4, 3, 3, 4, 3, 4, 3, 4, 4, 30

At the time, at night and where the traffic of the vehicle equipped with a median line is frequent, there was a duty of care to look at the front and rear left, and to prevent accidents in advance by accurately manipulating the steering wheel and brakes.

Nevertheless, the Defendant neglected this and caused the victim D (Nam, 61 years old) driving a two-lane in the same direction as the Defendant due to the negligence of driving a drinking while drinking, which led to the collision of the part on the left-hand side of the driver's vehicle of the victim D (Nam, 61 years old) driving, and the part on the upper-hand side of the vehicle.

As a result, the Defendant, by negligence in the above business, sustained injury to the victim D, such as brain-dead sugars, which had no room for treatment for about three weeks in a open room, and suffered injury to the victim FF (59 years old), who was on board the above high-est car, for about three weeks of medical treatment. Although the Defendant damaged the above high-est car to cover approximately KRW 2,084,228 of the repair cost, such as repair cost for the high-est car, it did not take necessary measures for the accident, such as reporting, receipt of insurance, and notification of personal information, and attempted to leave the accident site and escape from the accident site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. An investigation report (Submission of a medical certificate) and an investigation report (Submission of a written estimate);

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 and Article 268 of the Criminal Act concerning the crime committed.

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