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(영문) 대구지방법원 2020.06.24 2020고단1198
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant is a person who is engaged in driving a NF Station or another car.

On January 21, 2020, the Defendant driven the above vehicle on January 23:45, 2020, while driving the vehicle, and driving the vehicle on the front of the Daegu Dong-gu C Mancheon-dong, Daegu, with a new sexual guard.

At this point, there is a duty of care to safely drive cars and prevent accidents in advance by safely driving cars to those engaged in driving cars.

Nevertheless, the Defendant neglected to do so and received the front wheel part of the ETS125 motorcycle driving by the victim D (year 22) who was mast in the front direction of the Defendant’s running ahead of the instant vehicle, which was driven by the Defendant’s driving of the front wheel part of the ETS125 motorcycle in the front direction of the opposite direction.

Ultimately, the Defendant, by negligence in the above occupational negligence, inflicted injury on the victim D, such as cutting the body frame of the large 14 weeks in need of treatment, and suffered injury on the victim F (21 years old) who was on the back of the son’s vehicle, which requires approximately 6 weeks of medical treatment, such as the right slebling and the heart heat in the front part of the son’s vehicle. At the same time, the Defendant, while destroying the son’s vehicle to the degree of scrapping, did not immediately stop and escape without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident of D or F;

1. A traffic accident report, a actual survey report, and a certificate of purchase of a motor vehicle insurance;

1. Each investigation report and each internal investigation report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on the screen by cutting a black and video screen;

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, and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the punishment is selected

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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