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(영문) 대전지방법원 2020.01.17 2019고단4061
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

1. The defendant is a person who is engaged in driving of Bone Star Freight trucking service in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On October 2, 2019, the Defendant driven the above cargo vehicle on October 22, 2019, and led to four-lanes in front of the Daejeon Seosung-gu, Daejeon, as it was 516 Daejeon Seosung-gu. The Defendant was driving on the above cargo vehicle to the area of the Doksung-gu, Doknam-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, and to accurately manipulate the steering and brakes so as to prevent accidents from occurring.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행 한 과실로 마침 인도에 설치된 가로등을 위 화물차의 우측 앞 범퍼 부분으로 들이받고, 그 충격으로 위 화물차가 왼쪽으로 튕겨나가 같은 방면으로 2차로에서 진행 중인 피해자 C(61세) 운전의 D 트라제 승용차의 우측 앞부분을 위 화물차의 좌측면으로 충격하였다.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C on the right side of the light salt field, which requires approximately two weeks of medical treatment, and at the same time, avoided the car of the said set to be repaired by the repair cost of KRW 4,497,616, and escaped without immediately stopping the car and taking necessary measures, such as providing relief to the victim.

2. Violation of the Road Traffic Act (Refusal of measurement) on October 23, 2019, the Defendant did not comply with a police officer’s request three-minutes from the Daejeon Pream Police Station E InspectorF to 23:34 of the same day on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking in the area of the mountain and mountain zone of the Daejeon Pest Police Station, the area of the mountain and mountain zone of the Daejeon Pest Police Station, and walking with a large range of rain and walking, etc. on October 23:35, 2019.

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