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(영문) 대전지방법원 천안지원 2019.01.11 2018고단1834
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

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 cargo vehicles.

On January 26, 2018, the defendant driving the above vehicle around 20:40, and driving the 39-lane road in Asan City along the east-si, Asan City, along the two-lanes from the airspaces, the defendant proceeded at the speed of 65 to 70km from the airspaces to the public information and communication.

A driver of a motor vehicle has a duty of care to secure a necessary distance to avoid conjection with the motor vehicle in front, to check whether there is a motor vehicle driving on the motor vehicle line that intends to change the direction of the motor vehicle in advance, and to ensure that there is a duty of care to prevent accidents in advance by safely operating the motor vehicle, such as checking the front side and its surroundings, accurately operating the steering gear and brakes, etc.

Nevertheless, the defendant neglected to do so and continues to proceed with it.

The difference between the previous vehicle and the previous one which did not change its course to the right side is changing rapidly, and the difference between the two vehicles is changing rapidly to the first lane, and the part which is the right side of the victim C(Nam, 48 years old) driving, which was proceeding as one lane, was turned into the front right side of the victim C(Seoul, 48 years old), and the part on the right side of the latter.

Ultimately, the Defendant caused the victim C’s injury to salt and tensions that require approximately two weeks of medical treatment by occupational negligence as above, and suffered from the injury to the victim E (the 73 years old), who is the passenger of the victimized vehicle, at approximately two weeks of medical treatment, the injury to f,243,723 won of the repair cost, and escaped without taking necessary measures, such as immediately stopping the said SM6 car, even though it damages the 6,243,723 won to the 6,243,723 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Each written diagnosis and written estimate for automobile inspection and maintenance;

1. Application of Acts and subordinate statutes to accident site photographs, traffic accident black images CDs;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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