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(영문) 대구지방법원서부지원 2020.10.08 2020고단210
특정범죄가중처벌등에관한법률위반(도주치상)
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 freight B and B.

On December 16, 2019, the Defendant driven the above car on December 16, 2019, and led to the passage of the road of one lane in front of the Seongbuk-gun, Seongbuk-gun, Seongbuk-do from D to the boundary of the Jinju-Eup.

At the time, the road operated by the defendant was one-lane, and the road was driven by the victim E (the 76-year old) at the front direction of the defendant, and in such a case, the driver of the motor vehicle has a duty of care to overtake the motor vehicle at a safe speed and method, such as using the direction indicator, light or horn, depending on the speed and route of the motor vehicle in front and other road conditions, if the driver of the motor vehicle intends to overtake the motor vehicle in front.

Nevertheless, by negligence, the defendant neglected this and did not safely pass over the above Oba in a way that does not, the defendant received the above Oba and got the above Oba on the right side of the loading box of the above cargo and exceeded the left side of the Obaba.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim E, such as brain-dead sugar, which requires approximately two weeks of medical treatment, and suffered injury to the victim G (V, 70 years of age) who was on board the above lebane by causing about two weeks of medical treatment, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident, a CCTV image closure in an accident site;

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation.

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