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(영문) 대구지방법원 2018.12.20 2018고단4826
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 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 is engaged in driving a vehicle B-fest.

On October 2, 2018, the Defendant driven the above car at around 12:05, and led the Defendant to a single lane of the four-lane road in front of the “Tgu Dong-dong post office, Daegu-dong,” located in 167, Jung-gu, Daegu-ro, Jung-gu, East-gu, Seoul, toward the fair four-lane distance from the end of each four-lane.

In this case, the driver of a motor vehicle has a duty of care to take the front side and the left side and the left side well and to accurately manipulate the steering direction and the brakes so as to prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded as it is, while driving, the victim C(the age of 26) who stopped for the signal waiting at the front direction of the Defendant’s driving, followed the victim C(the age of 26) driving to the front part of the Defendant’s passenger car, and caused the above-mentioned passenger car to stop for the signal waiting at the front direction, and caused the victim E(the age of 25) driving while stopping for the signal waiting at the front direction.

Ultimately, the Defendant: (a) inflicted injury on the victim C, such as catum fat, etc. in need of approximately two weeks of medical treatment; (b) suffered injury on the victim G (hereinafter 26 years of age) boarding the catum catum, etc., which requires approximately two weeks of medical treatment; (c) destroyed the victim’s catum catum, which is owned by the catum Co., Ltd., to the sum of KRW 1,921,775 of the repair cost; and (d) destroyed the said EX car, which is owned by the victim H, to the sum of KRW 268,178 of the repair cost, and escaped without immediately stopping the said EX car and providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Accident scene and photographs of damaged vehicles;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (occupational duties)

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