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(영문) 대전지방법원 천안지원 2020.05.12 2019고단2385
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2009, the Defendant has been issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the support of the Daejeon District Court on September 23, 2009.

The defendant is a person who drives a fixed-end truck B.

On August 1, 2019, at around 21:10, the Defendant driven the above-wing truck under the influence of alcohol 0.215% of the blood alcohol concentration at the section of approximately 1.5km from D in front of D in Asan City to E in front of Asan City.

2. Around August 1, 2019, the Defendant was waiting for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accidents after Accidents) to turn to the left of the F apartment from the direction of the Yang Hot Spring Station, which has driven the above wing and the above wing and the 1551 lane as the 2nd hot spring in iasan City, to turn to the left.

At the time, there was an intersection where a signal was installed at night, and thus, a person engaged in driving a motor vehicle had a duty of care to prevent accidents in advance by properly manipulating the front and rear door and properly manipulating the steering direction and brake system.

Nevertheless, as described in paragraph (1), the Defendant, by negligence in the course of duty and negligence of neglecting it, was shocked with the front part of the HKan-ray vehicle driven by the victim G (Nam, 41 years old) who was standing in the front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim through occupational negligence as seen above, such as salt, tensions, etc., which require approximately two weeks of treatment, and destroyed the above car engine owned by the victim for approximately KRW 1,015,430 of repair cost, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A written diagnosis and written estimate for automobile maintenance and checkup;

1. Traffic accident report, ..

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