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(영문) 대전지방법원 2021.03.18 2020고단5550
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

On September 15:20, 2020, the Defendant proceeded with the third line of a road in the Dong-gu Daejeon Metropolitan City, Daejeon Metropolitan City, about 1658 at an insular speed, along the two lanes, and changed the course into one lane.

In such cases, the driver of a vehicle who intends to change course has a duty of care to avoid changing course when it is likely to impede normal traffic of other vehicles running in the direction of change.

Nevertheless, the defendant neglected the above duty of care and neglected the above duty of care and went into the first lane, and the part of the full right side side side side side side of the victim C(YY) driving 70 years old) driving, which was going into the first lane, was taken as the left side side part of the vehicle of the defendant driving the vehicle, and suffered injury such as drums, tensions, etc. in need of approximately 2 weeks medical treatment, and at the same time, escaped without taking necessary measures such as providing relief to the injured party, etc., even if the above drop vehicle was damaged to repair the above drop vehicle in excess of KRW 1,085,536.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. A report on investigation (the analysis of victim booms and images);

1. Written estimate and written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of absence of accident) concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the operation of the community service order for sentencing under Article 62-2 of the Criminal Act are with respect to the victim.

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