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(영문) 수원지방법원 2015.10.08 2015고단2783

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicles) and the Road Traffic Act (U.S.A.) are those engaged in driving automobiles BenzGLK220.

On May 16, 2015, the Defendant operated the said BenzGLK220 car on May 16, 2015, and came to turn to the left in the direction of Yeongdeungpo Middle School in the field of Young-gu in Youngdong-gu in Suwon-gu.

Since there is a center line of yellow-ray, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering and brake system and safely drive the motor vehicle and prevent accidents.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and got a part of the back of the driver’s seat of the CM5 vehicle, which sent at the opposite lane to the left part of the passenger car at the port of BenzGLK220, by negligence near the central line.

The Defendant, by its occupational negligence, injured the victim D, who is a driver of the SM5 vehicle, by causing approximately two weeks of injury, such as salt pans, tensions, etc., and escaped without taking necessary measures, such as immediately stopping the vehicle, even if it damages the MF5 vehicle to be repaired in an amount equivalent to KRW 2,451,845.

2. Violation of the Road Traffic Act (driving) and the Road Traffic Act (Unlicensed Driving) provided that the Defendant driven the said BenzGLK220 car at the 1km section of approximately 1 km to the front road at the center in the Young-gu, Suwon-si, Suwon-si, under the influence of alcohol by 0.192% without obtaining a temporary driving license as stipulated in paragraph (1) of the same Article.

3. On May 16, 2015, the Defendant: (a) reported the Victim F (49 years of age) who was divingd in a rocketing passenger car parked at a two-way way, Young-dong, Young-gu, Young-gu, 963-2, 542-dong, Young-gu, Suwon-gu, Suwon-si, 2015; and (b) first viewed the Victim.