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(영문) 대구지방법원 경주지원 2019.01.30 2018고단608
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaging in driving a rocketing car.

On August 2, 2018, the defendant, around 09:25 on August 2, 2018, had two-lane roads of national highways No. 68-1 located in Yongcheon-do with one-lane side from Youngcheon-do to the racing side.

At the same time, vehicles are driving in the first and second lanes of the above road, and in such cases, drivers who want to change the lanes have the duty of care to prevent accidents in advance by operating direction direction, etc., giving notice of change in the lanes, and by safely changing the lanes in the situation of traffic in the front and rear left.

Nevertheless, the Defendant neglected to do so and thereby changed the lane on the two-lanes of the road above the Madon which was driven by the Defendant to the Defendant’s car at the two-lanes of the road above the Madon, and received the back portion of the left side of the Radon car driving by the Defendant’s driver.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as catitis, which requires treatment for about two weeks, sustained injury on the catitis, etc. which requires treatment for about two weeks to the same victim E (n, 76 years of age), sustained injury on the catitis, etc. requiring treatment for about two weeks, and sustained injury on the catitis, etc. requiring treatment for about two weeks to the victim F (13 years of age), and escaped without taking necessary measures, such as immediately stopping the damaged vehicle to cause damage to KRW 2,263,237, such as the exchange of cater, and saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1.Article 40 of the Criminal Code of Trade and Trade.

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