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(영문) 의정부지방법원 2021.01.12 2020고단5094
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 drives a B B B B B B B car owned by the defendant.

On August 9, 2020, the Defendant driven the said car at the intersection of Spocheon-si, Spocheon-si, Sincheon-si, Sincheon-si, Sincheon-si, the Defendant driven the said car along two-lanes in the direction of the lower margin distance from the surface of the long margin.

On the other hand, in the case of following the vehicle running in the same direction, the driver engaged in driving service has a duty of care to ensure the necessary distance to avoid the collision with the vehicle running ahead of it, if the vehicle traveling ahead of it stops in the same direction or reduces the speed of the vehicle running ahead of it, and prevent the accident from occurring.

Nevertheless, the Defendant neglected to proceed as it is while driving the vehicle, and found it late to reduce the speed of the F or another vehicle driven by the victim E (e.g., 55 years old) that was driven earlier in the same direction as the Defendant at the time. However, the Defendant failed to avoid it, and received the back portion of the driver's seat of the damaged vehicle due to the front part of the vehicle that was driven by the victim.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim E, such as 's salt, tensions, etc. in need of a 2-day therapy,’ on the part of the victim G (V, 18 years old), who is the chief leader of the damaged vehicle, on the part of the victim G (V, the 18 years old), with the injury of 'culpum salt, tensions, etc. in need of a 2-day therapy,' and at the same time, escaped without taking any measure, even though the damaged vehicle was damaged to have an amount equivalent to KRW 1,610,508 for repair costs by exchanging the damaged vehicle, etc.

Summary of Evidence

1. Report on the occurrence of a traffic accident, report on a traffic accident (E), medical certificate (G), and written estimate (F) by the defendant in his/her legal statement E;

1. Application of statutes on photographs of damaged vehicles and photographs of accident vehicles;

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act.

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