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(영문) 대구지방법원 경주지원 2020.05.13 2019고단773
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On January 8, 2020, the Defendant was sentenced to six months of imprisonment for obstruction of performance of official duties and one year of suspended execution, and the above judgment became final and conclusive on January 16, 2020.

Since there is no substantial disadvantage to the defendant's exercise of his right to defense, it is recognized ex officio as concurrent crimes in the latter part of Article 37 of the Criminal Act without any changes in indictment.

【Criminal Facts】

The Defendant is a person who is engaged in driving a X-F car.

On August 26, 2019: (a) around 05:16, on August 26, 2019, the Defendant, along the road front of the C Parking lot, proceeded at about 30 km from the front side of the C Parking lot to the front side of the D School. Such a place is where the crosswalk is installed, and the residents are frequently engaged in an abrupt; (b) in such a case, there was a duty of care to verify whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle, and to ensure a safe driving by reducing speed and taking into account the front side and the left side of the motor vehicle. Nevertheless, the Defendant, while neglecting this, failed to find the victim E (the 71 year old and the 71 year old and the f1 year old are not found, and caused the victim to the front side of the said motor vehicle of the Defendant.

The Defendant, by such occupational negligence, committed an injury to the victim, such as the abandonment of a closed flasium, which requires treatment for about six weeks, but did not immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E police statement;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and a photograph of the accident site;

1. Investigation report (Attachment of CCTV images for crime prevention in front of the F of the accident point), investigation report (Attachment of CCTV images for crime prevention in front of the escape direction after the accident) and investigation report (Attachment of CCTV images for crime prevention in front of the escape direction after the accident).

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