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(영문) 대전지방법원 논산지원 2019.11.26 2019고단346
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On July 13, 2019, the defendant operated the above car at around 15:00 and came to turn to the left in the direction of the e community hall in front of the D cafeteria located in C at the time of the debate.

At the same time, H Haststa, which is driven by the victim G (n, 47 years old) in the front direction of the defendant's proceeding, is left left to the direction of the E community hall in the direction of the E community hall. Thus, the defendant engaged in driving service has a duty of care to check whether there are vehicles driving ahead by reducing or temporarily stopping the speed in front of the intersection, and to check whether there are vehicles driving ahead of the intersection, and to safely drive it.

Nevertheless, the Defendant neglected to turn to the right and received the front part of the car driving by the Defendant in front of the right side of the car driving by the Defendant.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim G, such as salt, tensions, etc. of a horse that requires approximately two weeks of medical treatment to the victim G, and sustained injury to the victimJ (here, 87 years old) who was accompanied by the said rocketing car, such as salt, tensions, etc. of a strawet that requires approximately three weeks of medical treatment, and escaped without taking necessary measures such as aiding the victim, even if the Defendant destroyed the said rocketing car to cover approximately KRW 1,172,576 of its repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. An investigation report (Attachment of a written estimate), a criminal investigation report (Attachment of a medical certificate), and a criminal investigation report (Attachment of image data);

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 268 of the Road Traffic Act concerning the crime.

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