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(영문) 춘천지방법원 영월지원 2020.04.28 2019고단481
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

1. The Defendant is a person who is engaged in driving B Poter II cargo vehicles.

On August 24, 2019, the Defendant driven the above cargo vehicle on August 18:42, 2019, and proceeded bypassing the distance prior to the D store C located in Gangwon-gun to the direction of the private post office from the private post office direction.

At the same time, there are many vehicles that pass along the road, and there are many vehicles parked on the side of the road, so that drivers are able to see the side, well see the side and accurately manipulate the steering system and brakes, thereby preventing the collision with other vehicles, etc., and have a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected this and shocked the front part of the FSM7 car in the U.S. FM7 car that was parked on the right side of the Defendant vehicle, following the right side of the said cargo vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, escaped from the scene without immediately stopping and taking necessary measures, such as providing relief to casualties, while suffering injuries to the victim G (the 12-year old) who was accompanied by the said SM7 car for about 2 days in need of medical treatment, and escaping from the scene, without taking necessary measures, such as providing relief to casualties.

2. The Defendant violated the Road Traffic Act, at the same time and place as the above paragraph (1) above, destroyed approximately KRW 1,562,40 of the repair cost by shocking the victim E’s SM7 car as set forth in paragraph (1) above.

3. A person violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, but the Defendant operated B Poter II cargo vehicle which is not covered by mandatory insurance at the same time and at the same place as the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the occurrence of a traffic accident, the actual condition survey report, on-site photographs, and CCTV.

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