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(영문) 대전지방법원 2020.09.11 2019고합350
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving of a sealed 3 cargo vehicle B.

On June 14, 2019, the Defendant driven the above cargo vehicle at a speed that is from June 16:56, 2019, and turned ahead of the DNA oil station in Daejeon Sung-gu C, at a speed that would not be known by two-lanes from the Jambar-dong to the Gu rock station.

In this case, the driver of the vehicle has a duty of care to safely drive and prevent the accident in advance by maintaining the signal and accurately operating the steering gear with the pedestrian care in light of the signal, and the driver of the vehicle has a duty of care to safely drive the signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim E (the 15-year old) who was dried by the pedestrian signal from the right-hand side of the defendant's walked to the left-hand side of the pedestrian crossing due to negligence not attributable to the pedestrian, and did not go beyond the road. However, the defendant was able to go beyond the road by receiving the victim from the front side of the defendant's vehicle without being faced with it.

The Defendant, by occupational negligence, suffered from a scarcity, etc. of a scarke wall that requires medical treatment for about three weeks, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Each legal statement of the defendant in F, E, and G, of the defendant's partial statement;

1. A criminal investigation report (CCTV analysis and signal violation) in each statement of the F and G, a criminal investigation report (verification where a suspect has landed the victim), and a fact-finding report;

1. 112 Notification to a department related to the report of the case;

1. A medical certificate;

1. Application of Acts and subordinate statutes to field photographs, such as accident vehicles, video CDs, maps, and photographs related to accidents;

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

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).

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