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(영문) 대구지방법원서부지원 2020.11.11 2020고단2551
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

On July 13, 2020, the Defendant driven the said car on July 22:38, 2020, and led the front road to the intersection of the “dup four-lane street” which is located as a sexual road in the Seogu Seogu Seo-gu Incheon Metropolitan City, along the two-lanes of the two-lanes and the three-lanes of the two-lanes of the two-lanes of park and the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes

Since there was a cross-section where signal apparatus was installed, there was a duty of care for a person engaged in driving of a motor vehicle to observe the car line and drive the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant neglected this and went through the intersection in accordance with the straight line as above and went to the left immediately from the third-lane in violation of the signal, and was found to have the front part of the victim C (the age of 27) who entered the intersection in accordance with the above straight line at the one-lane road above the right part of the driver’s driver’s vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the injured party, such as fluoral salt, which requires treatment for about two weeks, and at the same time, destroyed the injured party’s fluoral-learning car to take repair costs equivalent to the total market value of KRW 630,895, such as the exchange of the front fluor, and escaped without immediately stopping and taking measures such as providing relief to the injured party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes concerning a certificate of actual condition survey and a written estimate;

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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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