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(영문) 전주지방법원정읍지원 2020.08.27 2019고단518
특정범죄가중처벌등에관한법률위반(도주치상)등
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 B Poter cargo vehicles.

On July 22, 2019, the Defendant driven the above vehicle at around 14:50, and led the front of the D signboard in the regular Eup/Myeon area C to the E apartment protection area from the regular Eup/Myeon fire-fighting area.

In this case, there was a duty of care to safely drive a vehicle while maintaining a safe distance with the vehicle in front.In this case, the person engaged in driving of the vehicle is able to see the front door and the right and the right and the right and the right of the steering system and the steering system accurately.

Nevertheless, the Defendant neglected this and did not keep a safe distance while driving the vehicle without keeping it properly, and did not avoid reducing the speed of the passenger car kid by G G groundp, which was driven by the victim F (F, 59 years old) who was driven in the front of the Defendant, and received the part of the damaged vehicle behind the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim through occupational negligence, which requires approximately two weeks of medical treatment, and, at the same time, escaped without immediately stopping the damaged vehicle and taking necessary measures, such as providing relief to the victim, even though it damages the damaged vehicle to the extent equivalent to KRW 5,378,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. On-site photographs, such as field photographs, photoboxes, and caps and photographs of damaged vehicles;

1. A medical certificate;

1. A motor vehicle inspection and maintenance report;

1. Investigation report (the result of telephone call against the victim);

1. Application of video CD-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall be more severe.

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