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(영문) 대전지방법원 2019.07.18 2019고단1149
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 engaged in driving a food car B.

On December 27, 2018, the Defendant driven the above car on 06:10 on December 27, 2018, proceeding one-lane road in front of the Diplomatic Conference in Seo-gu Daejeon from the side of the Contracting State to FJ high school, and waiting for the Ne-distance Intersection signal where the signal, etc. is installed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely operating the steering and brake system in accordance with the passage signals of an intersection signal.

Nevertheless, the Defendant neglected to perform his duty at the time of the front and signal, and was negligent in recognizing the red signal as a departure signal and starting from the original point of view, and instead, in order to wait for an intersection signal from the front side of the said car to the intersection, the lower end of the Victim G(42 years old) driving of the said car while waiting for an intersection signal was received as the front end of the said car.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim G, such as salt ties and tensions that require two weeks of medical treatment, and sustained injury on the victim I (the 38 years old), who is a passenger of the said rocketing car, by clocks and tensions that require two weeks of medical treatment. At the same time, the Defendant destroyed the said rocketing car with the repair cost of KRW 2,064,778, and escaped without immediately stopping it and without taking measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning I and G;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point where measures are not taken after an accident) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 1 of the Road Traffic Act.

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