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(영문) 수원지방법원 안산지원 2017.05.17 2017고단751

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 a period of 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 knife vehicle.

1. On February 11, 2017, the Defendant driven the said vehicle under the influence of alcohol content of about 0.155% at the section of approximately 30km, before the 11:30th of the same day from the mountain station located in the Gu of Ansan-si, Yeongdeungpo-gu, Seoul, to the road located in the 197-ro 11:30 on the same day from the Do in front of the mountain station located in the Gu of Ansan-si, Yeongdeungpo-gu, Seoul.

2. Around 11:00 on February 11, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), driving the above vehicle and changing the lane into three-lanes while driving the said vehicle at a speed of about 70 km per hour in the direction of the Seoul TG heading point, along the road of about 327.18 km away from the west coast Highway Seoul at a speed of about 327.18 km in the direction of the Seoul TG heading point.

At this point, since the vehicle has a lot of five-lanes, in the case of changing the vehicle line to a person engaged in driving of a motor vehicle, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to look at the movement of another motor vehicle, and maintain the safety distance with the previous motor vehicle, and accurately manipulate the steering gear and brake system, to prevent accidents with other motor vehicles.

Nevertheless, the Defendant neglected it as mentioned in the preceding paragraph, and neglected it to move to the right side, and caused the change of the vehicle line to be cut down immediately by changing the vehicle line, and the victim C (61) who entered the same lane as the left side of the vehicle in front of the vehicle in front of the left side of the vehicle in front of the vehicle in front of the victim C (61) who entered the same lane in front of the vehicle in front of the driver in front of the vehicle in front of the vehicle in front of the driver in front of the vehicle in front of the vehicle in front of the vehicle in front of the part, and the vehicle in front of the vehicle in front of the vehicle in front of the right side after the vehicle in front of the vehicle in front of the right direction of the vehicle in front of over 45°the vehicle in front of the right direction of the vehicle in front of the victim E (42).