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(영문) 대구지방법원 서부지원 2018.10.31 2018고단1038
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of 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 a vehicle B with low investment.

On January 6, 2018, the Defendant driven the above car at around 02:20, and driven the two-lanes of the Yongsan Underground Road located in the Yongsan-gu, Daegu-gu, Seosan-gu, by using approximately 40 kilometers per hour at a speed of 40 kilometers from the boundary line of the mountain patrol box at a speed of her speed, and changed the course to one-lane.

In such cases, a person engaged in the business of driving a motor vehicle has a duty of care to safely drive a motor vehicle without impeding the passage of another motor vehicle by checking the traffic conditions, etc. of the vehicle to be changed by checking the front, rear, and left and right of the motor vehicle at the place where the change of the vehicle is permitted.

Nevertheless, the Defendant neglected to do so and neglected the duty to see in the real line section where the change of the vehicle is prohibited, and neglected to change the course, and caused a sudden change in the course to change the course, and caused the victim C ( South, 62 years old) driving at the same direction to change the right side of the passenger car in front of the victim C (Syststst and 62 years old) to the left side side of the vehicle with the top right side.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and at the same time, destroyed the damaged vehicle so that it would amount to KRW 943,600, but did not immediately stop to rescue the damaged vehicle, and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. 14 copies of a investigation report (the process of checking and escape from the Ma2 Vehicle Track image) (the course of escape), map (the route of escape), black image images, and 14 copies of a course of capsizing the Mack Park Track;

1. Ma1 and 2 vehicle photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), Articles 148 and 54 of the Road Traffic Act concerning the crime.

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