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(영문) 대전지방법원 2020.10.30 2020고단2856
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a EXE car.

On May 20, 2020, the Defendant driven the said car on May 23:40, 2020, and tried to turn it bypass to the Gapcheon-distance bank, while driving it from the four-lane off to the four-lane off of the four-lane radius as the Seo-gu Daejeon Seo-gu, Daejeon.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent the occurrence of an accident in advance by accurately manipulating the systems of operation and steering with the reduction of speed and the operation of the motor vehicle as well as the operation of the road.

Nevertheless, the Defendant, without examining the right side of the car in the above X-gu car, has changed the way to five lanes from three to five lanes, and the victim D (Nam, 51 years old) who was driving on the five-lane-lane-lane-based vehicle by the victim D (Nam, 51 years old) who was driving the E Car with the front door and pan-lane-based part of the EF car's auxiliary seat of the above X-gu car.

As a result, the Defendant suffered injury to the victim, such as catitis that requires treatment for about three weeks by occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the said car and taking necessary measures, such as providing relief to the victim, even though it was damaged to ensure that the repair cost would be equivalent to KRW 977,500.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a traffic accident report, accident site photograph, photographic image fix, injury diagnosis report, and written estimate to a motor vehicle accident scene photograph;

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

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