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(영문) 대구지방법원 경주지원 2021.01.06 2020고단518
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in driving of B Poter Cargo Vehicles.

On July 24, 2020, the Defendant driven the cargo vehicle around the entrance of the Si, Si, D, and the above cargo vehicle, and led to one-lane along the direction of the river from the underground bank of the Gangseo-dong basin.

At the time, at night and at that time, rain and surface were miled. Therefore, the defendant engaged in driving of the above cargo has a duty of care to prevent traffic accidents by taking measures such as speeding and accurately operating brakes and steering gear so as to prevent vehicles from getting off.

Nevertheless, the Defendant changed the lane from the first lane to the second lane, failed to accurately operate the operation of the operation and steering system, and caused the above cargo to be stopped on the side by negligence, thereby getting the above cargo to stop on the side at the same time, and received the part behind the left side of the FK7 car of the victim E ( South, 58 years old) who was parked on the side, to the right side of the said cargo.

Ultimately, the Defendant, by such occupational negligence, caused the injury of the victim to a large number of spawns and spawns that require approximately three weeks of medical treatment, and, at the same time, destroyed the said vehicle to have an amount equivalent to KRW 4,001,63, such as penter exchange, and escaped without taking necessary measures, such as immediately stopping the vehicle and saving the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident by Defendant’s statutory statement, a fact-finding report, a field photograph-finding report (a photograph and CD attachment by cutting down a black-sized vehicle boom image), a criminal investigation report (Attachment of a quotation), a criminal investigation report (Attachment of a written estimate), and a criminal investigation report (Attachment of a written confirmation of admission to and treatment of a victim E);

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 criminal facts o.

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