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(영문) 의정부지방법원 2020.11.18 2020고단1991
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 three 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 low-speed car B.

On March 19, 2020, the Defendant driven the said car on March 22, 2020, and turned the front intersection of the city of Speaker to C from the side of D Elementary School to the private zone 1, and passed it to about 60 km per hour, depending on the two lanes between D Elementary School and C.

At the time, it was an intersection where a signal was installed at night and at that time, and in such a case, there was a duty of care to comply with the signal such as stopping at the stop line without entering the intersection, and to prevent accidents in advance by driving safely, in the case of a vehicle stop signal by reducing the speed for those engaged in driving of a motor vehicle and by properly examining the light of the signal apparatus.

Nevertheless, while neglecting this, the Defendant continued to go straight and enter the intersection despite the fact that there was an immediate prohibition signal on the signal apparatus installed at the front direction of the car driving by the Defendant, and due to the negligence of entering the intersection, the Defendant’s vehicle was driven by the victim E (the age of 37) who was driven by the left-hand turn according to the left-hand turn signal from the direction of the car driving by the Defendant’s vehicle driving.

Ultimately, the Defendant, by occupational negligence, sustained injury to the above victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time, destroyed the above-learning passenger car to the extent of KRW 1,797,739, such as the exchange of the previous panion, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

Summary of Evidence

1. A written statement E by the police concerning the defendant's legal statement E;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes, such as a photographic diagnosis document (E) to the part of contact with the skin vehicle by cutting down the accident pointctv video images;

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

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