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(영문) 대전지방법원 홍성지원 2020.04.28 2020고단106
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by one year and six months.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the BM7 car.

On August 29, 2019, the Defendant driven the said car and changed the course from four lanes to one lane at the speed of about 20 km in Si/Gun, from the end of the Do restaurant in Hong-gun C, the speed of four lanes near the 1913 Sscarm, Geum-gun, Hong-gun, Hong-gun, by driving it on August 19, 201.

In such cases, when it is likely that a person engaged in driving of a motor vehicle may impede the normal traffic of other motor vehicles running along the lane intended for the change, he/she shall not change course, and he/she has a duty of care to operate a direction, etc. in advance to give an advance notice of change of course and to safely change the lane and prevent the accident from being delayed.

Nevertheless, the Defendant neglected this and changed three lanes from the four-lanes to the left-hand one, which is the two-lanes prior to the right-hand, while driving the said road at a speed of about 70 km per hour according to the two-lanes from the closed side of the red-Eup. The Defendant saw the said road at a speed of about 70 km at the speed of Si-speed, depending on the closed side of the gold-Eup. In the future of the F rocketing car driven by the victim E (E, n, 32 years old), the Defendant she kid by the front part of the passenger car of the victim.

Accordingly, the Defendant suffered salt, tension, etc. from the victim due to the above occupational negligence for about two weeks, and left the scene without immediately taking necessary measures even after destroying the victim’s car to cover repair costs of KRW 2,900,840.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a field photograph, a Meba-flue video fluor, and to a closure of G CCTV images;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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