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(영문) 수원지방법원 안산지원 2017.06.20 2017고단1112

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 23, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for embezzlement at the Suwon Friwon, and on April 25, 2016, the Defendant terminated the execution of the sentence at the Suwon Nriwon Kriwon.

1. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (after an accident).

On July 19, 2016, the Defendant driven the above car on July 12:15, 2016, and led to the passage of the private distance in the vicinity of the E, which is located in the Gu of Ansan-si, Seosan-si, bypassing from the waterway to the Sungpo community service center.

Since there is a place where the center line of yellow solid lines is installed, the person engaged in driving service has a duty of care to drive safely by not harming the center line, and by making a U-turn at the permissible point of internship, etc.

Nevertheless, the Defendant neglected to do so and received the front portion of the Victim F(57) Driving Gwork, which was under way in the straight line opposite to the moving direction of the Defendant, in front of the left portion of the Defendant’s rocketing car, from the Defendant.

As a result, the Defendant, by its occupational negligence, committed an injury to the said victim F, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, suffered a shoulder and scambling in need of approximately two weeks of medical treatment to the victim H (V, 52 years of age) who was on board the victim F, and at the same time, destroyed the victim F’s rocketing car in excess of KRW 5,80,000 of its repair cost, but failed to immediately stop and abscond without taking necessary measures, such as providing relief to the damaged person.

2. Violation of the Road Traffic Act (refluence of alcohol measurement) by the Defendant, while drunk at the time and place specified in paragraph 1, caused a traffic accident as described in paragraph 1 by driving a rocketing car at the same time and place. On the other hand, the Defendant escaped at the scene of the accident, but went away at the scene of the accident, and was in Ansan-si.