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(영문) 대전지방법원천안지원 2020.10.28 2020고단2394
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 engaging in driving a motor vehicle B.

On January 7, 2020, around 01:56, the Defendant driven a two-lane way in front of the D, which is located in Western-gu C, Western-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, with the right to demand a reimbursement from the surface of the string distance to the string distance.

At the time of night and where the passage of other vehicles is frequent, in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive another motor vehicle by accurately manipulating the steering gear and brakes.

The Defendant neglected to do so, while driving the said vehicle, and did not avoid the three-wheeled vehicle of the victim E (the age of 61) driving that was driven in the same direction from the right edge of the course of the sea, and received the back wheels of the said three-wheeled vehicle as the front wheel part of the said vehicle.

Ultimately, the Defendant, by such occupational negligence, caused the victim E to suffer bodily injury, such as salt, tension, etc., in need of medical treatment for about three weeks, and the victim F, who was on board the said three-wheeled vehicle, suffered bodily injury, such as the sofabing of the bridges, etc. on both sides requiring medical treatment for about ten weeks, and escaped without taking necessary measures, such as immediately stopping the said three-wheeled vehicle at the market price, even if it damages the said three-wheeled vehicle and immediately stopping it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on traffic accidents, actual condition survey reports, and reports on the occurrence of traffic accidents;

1. Each written diagnosis;

1. Status of investigation (verification of the market price of three-wheeled motor vehicles operated by a suspect E), screen advertisements with three-wheeled motor vehicles;

1. Application of photographs, photographs of victims and statutes to the victims at the time of discovery of a site photograph of an accident, CCTV image photograph, or a closed photograph of a skin vehicle;

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

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