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(영문) 대전지방법원 2019.08.13 2019고단2101
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for up to seven months.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a wing-3 truck.

On June 1, 2019, the Defendant driven the above truck at a speed of 06:45, while driving the road of two lanes in front of Seo-gu Daejeon, Seo-gu, Daejeon, along one lane from the Roman distance to the mountain direction.

At all times, there was an intersection where signal lights are installed, so there was a duty of care to prevent driving accidents in advance, such as reducing the speed for persons engaged in driving of a motor vehicle and passing through an intersection in accordance with the signals by checking well the front side of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to perform the duty of front-time navigation, and neglected to do so, caused the victim’s G trucks in the victim D (year 45) who was in the signal atmosphere at the front direction of the Defendant’s running direction to be the front part of the Defendant’s truck, and due to the shock, caused the Defendant to have the front part of the said victim’s D truck, which was in the signal atmosphere at the front direction, followed the victim F G truck in the victim F, who was in the signal atmosphere at the front direction.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. of the bones that requires medical treatment for about two weeks, and at the same time, the repair cost of KRW 667,468, such as the exchange of the above victim D, to the extent that the repair cost of KRW 6,67,468, such as the exchange of the above victim D, was damaged to the extent that 496,148, each of the above victim F truck was damaged, but failed to immediately stop and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. An accident site photograph;

1. A medical certificate;

1. Application of the written estimate for motor vehicle repair;

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

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