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(영문) 대구지방법원서부지원 2020.11.12 2020고단1189
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 car.

On March 22, 2020, the Defendant driven the said car on March 22, 2020, while driving the said car and driving the four-lane road in front of the D in Daegu-gu, Daegu-gun, at approximately 30km in Si-speed according to the 4-lane from the opposite basin to the opposite slope.

At the time, since it is a night and frequent road for vehicle traffic, in such a case, there was a duty of care to prevent accidents in advance by making a person engaged in driving a motor vehicle well sees the right and the right and the right and the right and the right and the right and safely operating the steering wheel and the system accurately.

Nevertheless, the Defendant did not neglect his/her duty to stop on the front side of the vehicle and did not discover the driver’s car with the highest driver’s vehicle driven by the victim E, who was parked in the front side of the vehicle in front of the Defendant’s driving direction, and received the part of the victim’s vehicle left behind the vehicle in front of the Defendant’s right side.

Ultimately, the Defendant, by occupational negligence, caused the victim E and the victim G who was on the top of the above high-est car to suffer injury to each other, such as the light salt, tension, etc. in need of approximately two weeks of medical treatment, and at the same time, avoided the above high-est car by immediately stopping it, providing relief to casualties, and without taking necessary measures to ensure the safety of the accident place.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (in relation to the determination of physical damage to damaged vehicles) to E in the police statement, investigation report (in relation to a specific suspect), and investigation report;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

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 of the Road Traffic Act concerning criminal facts.

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