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(영문) 대전지방법원 천안지원 2020.02.13 2019고단3037
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three 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 of BMW Motor Vehicle.

On September 3, 2019, the Defendant driven the above vehicle on September 02:30, 2019, and proceeded to turn to the left at a e-middle speed from the right edge to the right edge of the five-lane 5-lane road in front of the Djuju station in Dong-gu, Dong-gu, Chungcheongnam-gu.

At the time, there was an intersection at night, and there was a signal at that time, so that a person engaged in driving of a motor vehicle has a duty of care to observe the signal and to prevent the accident in advance by checking well the progress of other motor vehicles.

Nevertheless, the Defendant, who violated the above duty of care, went to the right side of the victim F (the 60-year-old) drive by the victim F (the 60-year-old taxi) who was directly in accordance with the new subparagraph due to the occupational negligence of the Defendant’s left turn due to the breach of the duty of care.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the said victim F, such as salt, tensions, etc., in need of approximately 2 weeks of treatment, injury to the victim H(the age of 41) who was on board the said cattle cab, and injury to the left-hand pelle, etc., which requires approximately 11 weeks of treatment in total, and the victim I (the age of 40) of the said passenger I (the age of 40) suffered from approximately 2 weeks of treatment, and escaped without taking necessary measures, such as immediately stopping and aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report, reports on occurrence, site photographs, and photographs of the suspected vehicle;

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

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

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. The reason for sentencing under Article 62-2 of the Criminal Act is wrong.

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