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(영문) 수원지방법원 2016.08.31 2016고단3723
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to a suspended sentence of two years in August, 2015 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchising Station on December 17, 2015, and the judgment became final and conclusive on December 25, 2015.

[Specific Crime]

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and violation of the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc.”) are those engaged in driving of E rocketing cars.

On October 27, 2015, the Defendant driven the above car at around 22:27, and led the front of the calth F of Suwon-gu to the front of the calth of Suwon-si from the front view.

At the time, there was a duty of care to drive safely by checking the front, rear and right and the right and the right of the person engaged in driving service.

Nevertheless, the Defendant neglected this and neglected to stop in the front side of the Defendant’s vehicle, which was driven by the Victim G (W, 53 years old) who was standing in the front side of the Defendant’s vehicle (W, 53 years old), was shocked by the back side of the Defendant’s vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained a scambling, etc. of the scambling that requires approximately two weeks of medical treatment, and at the same time, did not immediately stop the said scam and take necessary measures, such as providing relief to the injured party, even though the said scambling car was damaged by the said scambling of KRW 307,080.

B. On Nov. 1, 2015, the Defendant also heard the receipt of the case by the police station of the instant accident from a siren that caused the car driven at the time of causing an accident as stated in the paragraph 1-A. However, on Sept. 30, 2015, the Defendant was likely to have been subject to aggravated punishment on September 13, 2015 due to the instant case, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles), etc. (i.e., the escapeing vehicle). As such, the Defendant caused an accident on behalf of the Defendant to the Defendant.

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