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(영문) 대전지방법원 2020.10.15 2020고단1305
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 low-speed car.

On February 21, 2020, the Defendant driven the above vehicle at around 17:40 on February 21, 2020, while driving the vehicle, 90,1 country also proceeded with the right-side section from Daejeon to the tent.

Since there are a lot of vehicles in operation, a person engaged in driving service has a duty of care to ensure that a person engaged in driving service has a duty of care to safely drive it by accurately operating the front and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected to do so and neglected his duty at the front of the same lane and was driven by the victim C (Nam, 43 years old) who was driving in the same lane due to the negligence of neglecting his duty at the front of the vehicle, and received the part of the front part of the vehicle in front of the above high-speed vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury, such as salt, tension, etc., to the victim for about three weeks of medical treatment. At the same time, the Defendant, while destroying and damaging the said Saturdays to bring about KRW 1,056,700, did not immediately stop to rescue the victim or provide personal information, and escaped without taking necessary measures, such as aiding the victim or providing personal information.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site survey report, black booms, CDs, images related to accidents, reports on the occurrence of traffic accidents, and photographs at the scene of accidents;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of penalty: Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on probation;

1. An order to provide community service and attend lectures shall be at least 62-2 of the Criminal Act;

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