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(영문) 대전지방법원서산지원 2020.09.23 2020고단518
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-Wood vehicle.

On April 8, 2020, at around 00:05, the Defendant driven a motor vehicle from the 00:05 above sofured and proceeded bypassing the two-lane road in front of the D, which is located in Western City C, from the direction of the Western Zone to a speed that cannot be identified depending on the one-lane in the direction of the E apartment.

Since there is a frequent passage of the vehicle, there was a duty of care to follow the right side of the road prior to the right side of the road, to live well on the right side and the right side, and to check the safety of the course, and to make a right-hand.

Nevertheless, the Defendant neglected this and received the part of the victim F (Nam, 19 years old), which was bypassing from the two-lanes of the vehicle at the right edge of the said vehicle at the time of the Defendant’s negligence bypassing it in the first lane, in front of the left edge of the said vehicle at the time of the said vehicle at the right edge.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim F, such as salt, tensions, etc. of a horse in need of approximately two weeks of medical treatment, and sustained injury to the victim H (Nam, 21 years of age) who was accompanied by the said rocketing and other automobiles, such as salt, tensions, and so on, a need for medical treatment for about two weeks. At the same time, the Defendant attempted to stop without taking measures such as providing relief to the victims, even if the victim F’s above rocketing and other automobiles were damaged to the repair cost.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement;

1. CCTV video CDs in a de facto survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and 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. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under the Criminal Act;

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