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(영문) 전주지방법원 정읍지원 2020.04.28 2019고단567
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B-be trucks.

On October 18, 2019, the Defendant driven the above vehicle at around 14:35, and proceeded at the speed of 61 to 70km each hour from the high slope of the road of the Do, which is located in Seoan-gun, Jeollabuk-do, Jeollabuk-do.

At that time, there are frequent traffic of vehicles, and there is a center line of yellow solid lines, so in such a case, there was a duty of care to live well in the course of a person engaged in driving a motor vehicle and drive the motor vehicle safely along the lane.

Nevertheless, the defendant did not live well in the course and got the victim back to the right side of the E-to-face driven by the victim D (year 44) who was trying to overtake the vehicle of the defendant when he gets ahead of the said center line due to the negligence of the defendant's overcoming the above center line, and got the victim to go beyond the road.

Ultimately, even though the Defendant suffered injury to the victim, such as the unknown frame at the bottom of the frame that requires treatment for about seven weeks due to occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the casualties.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site investigation report on traffic accidents, on-site evidence photographs of traffic accidents, and on-site investigation reports;

1. Reports on internal investigation (the reasons why the vehicle or suspect has become specified);

1. A detailed statement on handling 112 reported cases;

1. A medical certificate;

1. Bluebbbbling, video CDs;

1. Application of Acts and subordinate statutes to a investigative report (CCTV image verification report and victim status report);

1. The reason for sentencing under Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding criminal facts and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act does not send a signal and

The following is shocking the Oral Seaba, which was followed.

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