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(영문) 전주지방법원 2020.11.11 2020고단667
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B to options.

On December 31, 2019, the Defendant driven the above car at around 06:00 and got to turn to the left the right at the right side of the Jinjin-gu Seoul road at the time of Jeonju.

Since the location is a private-distance intersection where signal lights are installed on the road, the driver of the vehicle has a duty of care to reduce the speed of the vehicle and to prevent the accident by safely passing through the intersection according to the traffic signal.

Nevertheless, the Defendant neglected this and neglected to turn to the right part of the said vehicle due to the negligence of disregarding and left-hand turn, and received the front part of the E-learning Motor Vehicle driven by the victim D(the age of 49) driving the said intersection from the right part of the said vehicle to the training plaza.

The Defendant, by negligence in the course of performing the above duties, sustained bodily injury to the victim, such as light fluorum salt in need of treatment for about two weeks, and at the same time, destroyed the fluoring passenger car in excess of KRW 1,508,969, and escaped without immediately stopping the said car and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report (including an actual situation investigation report), a report on the occurrence of a traffic accident (including photographs attached thereto), a medical certificate, and a written estimate with D;

1. Application of investigation reports (related to CCTVs), investigation reports (related to the attachment of operating information on an intersection), investigation reports (related to traffic hazards and obstacles), and 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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 of the Criminal Act:

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