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(영문) 대전지방법원 2020.04.22 2020고단120
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 a B-learning car.

On December 7, 2019, the Defendant driven the above car on December 21, 2019, and proceeded along the four-lane road in the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Seo-gu, with two-lanes from the Done-gu, the Done-ro.

In this case, the driver has a duty of care to live well on the right and the right and the right and the right of the driver, and to safely drive the vehicle and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and led the victim C (Nam and 55 years old) who was driving along one lane in the right direction of the defendant's running, due to the negligence of trying to make a U-turn at the two-lanes, to the front part of the Drocketing car, which was driven by the victim C (Nam and 55 years old).

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C and the victim E (Nam, 35 years old), who was on board the said rocketing car, due to each of the above occupational negligence, caused approximately two-day medical treatment to the c,042,68 won of the repair cost, and escaped without immediately stopping the said rocketing car and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act is not good, the defendant's mistake is recognized and contradictory to himself, the fact that the defendant agreed with the victims, and the same mistake while disposing of the vehicle.

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