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(영문) 대구지방법원 2019.07.17 2019고단1676
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

On February 20, 2019, the Defendant driven a Ba-man car around 17:39 on February 20, 2019, and proceeded ahead of the D cafeteria in Daegu North-gu, into the winding area of the Party E at the seat of the Party E.

In this case, the defendant who is engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and the steering gear of the motor vehicle.

Nevertheless, the Defendant neglected this, while driving in front of the Defendant’s passenger car, brought down the back part of the said freight vehicle to the Defendant’s driver’s vehicle due to the negligence of finding the Gwing-3 truck drivened by the Victim F (30 years old), which was driven by the Defendant F (30 years old), at the latest later.

Ultimately, the Defendant, by occupational negligence as seen above, sustained injury to the victim F, such as light dump salt in need of treatment for about three weeks, and at the same time, destroyed the above dump three cargo vehicles to be repaired by 245,458 won, but escaped without immediately stopping and taking necessary measures, such as taking relief measures.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each police investigation report: Confirmation of black stuffs images, and statements of witnesses;

1. Answers to each medical certificate, written request for cooperation in investigation, and written confirmation of medical treatment;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Article 54 (1) of the Road Traffic Act; Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that a victim’s request for the settlement of an accident after a traffic accident was made, leaving the scene without disregarding it, circumstances leading to an accident, and a traffic accident.

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