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(영문) 대전지방법원 논산지원 2019.07.09 2018고단683
특정범죄가중처벌등에관한법률위반(도주차량)
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 who is engaged in driving of a sealed 3 cargo vehicle B.

On September 27, 2018, at around 11:50 on September 27, 2018, the Defendant driven the above cargo and proceeded with a road of one-lane at the entrance of the village of the Chungcheongnam-gun, Chungcheongnam-gun, at the sacheon Police Station, on both sides of the screen.

At the time, the defendant is driving ahead of the victim D (the age of 85) in the same direction. In such a case, the person engaged in driving the motor vehicle has a duty of care to safely overtake the motor vehicle and prevent the accident in advance, such as taking into account the situation of the motor vehicle, and using the horn, etc. in accordance with the speed and course of the motor vehicle surface and other road conditions.

Nevertheless, the Defendant neglected this and proceeded with it, and received the left-hand hand part of the above Otoba as the part on the right-hand hand of the above cargo vehicle.

Ultimately, even if the Defendant suffered injury, such as brain-dead, etc., which requires treatment for about eight weeks, due to such occupational negligence, the Defendant stopped immediately and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F and D;

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. Traffic accident analysis appraisal report and legal chemical appraisal report;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs, booms images to cover the scene of the accident;

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

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The fact that the defendant is consistent with the reasoning that it is difficult for him to understand, and that the degree of injury to the victim seems to be serious: the fact that there is only one time of suspended execution around 1967, and that there is an old age.

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