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(영문) 의정부지방법원 2020.06.16 2020고단121
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 of B-learning automobiles.

On December 14:30, 2019, the Defendant driven the above car, while driving it on December 14:30, 2019, led to the following two-lanes from the two-lanes from the two-lane to Seoul.

In this case, the driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle with due care in the progress of another vehicle vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and brakes, thereby driving the victim C(52 years old) driving the two-lanes of the victim C(52 years old) with the left rear part of the driver's car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as brain dead in the absence of an open room for treatment for about two weeks, and at the same time, escaped without any necessary measures, such as stopping the vehicle operated by the victim to cause approximately KRW 1,511,22, such as the exchange of Madrid Panel, and saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. A motor vehicle inspection and maintenance report;

1. Investigation report (Statement, etc. of Victim Drivers) and investigation report ( telephone communications with Victim C);

1. Application of Acts and subordinate statutes to screen pictures by cutting on the spot map, on-site photograph, black images of the victim vehicle, by cutting down a screen by cutting down the screen image of the victim vehicle, and by cutting off the suspect vehicle image image;

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 of the Road Traffic Act concerning criminal facts.

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