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(영문) 서울북부지방법원 2013.06.20 2013고단605
특정범죄가중처벌등에관한법률위반(도주차량)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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.) are those who are engaged in driving of Cone Star Cargo.

On January 29, 2013, the Defendant driven the above cargo vehicle around 00:30, while driving it along the four-lanes in the Gi-si Gi-si Gi-si Gi-si Gi-si, Gyeonggi-do, the Defendant was driving a U-turn while driving it along three-lanes from the west-dong, Seoul to the Gi-dong.

At the time, since it is night and its place is an unclaimed road, the defendant engaged in driving of the motor vehicle had the duty of care to prevent the accident in advance by safely driving the front line by checking it well on the road where a U-turn is permitted.

Nevertheless, under the influence of alcohol, the Defendant was negligent in doing so, and the front part of the E-observer car driven by the victim D(31 years old) who was driving in one lane in the same direction as that of the Defendant’s cargo vehicle was driven in the same direction.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, the Defendant, such as the exchange of the preceding panion, destroyed the repair cost of KRW 1,096,086 and escaped without stopping and taking necessary measures, such as providing relief to the victim.

B. At around 00:35 on the same day, the Defendant continued to run two-lanes along the ridge of four lanes in front of 345-21, Jung-gu, Seoul, Jung-gu, Seoul, with two-lanes from the direction of the new side.

At this point, since the vehicle that entered the new ICT is combined, the defendant engaged in driving of the motor vehicle has a duty of care to prevent the accident in advance by safely driving the motor vehicle by taking into account well.

Nevertheless, there is a need to do so.

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