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(영문) 전주지방법원 남원지원 2019.06.18 2018고단305
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six 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

The Defendant is a person who is engaged in driving a Brane car.

On October 20, 2018, at around 05:08, the Defendant driven the above-mentioned vehicle parked on the three-lane road in front of the three-lane cafeteria of “D” restaurant in Namwon-si, Namwon-si, and led the Defendant to a road adjacent to the center line on the road along which the viewing3-lane gate runs along the viewing3-lane gate.

There are three-lanes where the center line of yellow solid lines is installed, so in such a case, the driver of the motor vehicle has the duty of care to ensure that the driver of the motor vehicle can live well in the front line and safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and did not look at whether other vehicles pass along the surrounding lane, but proceeded along the road from three lanes to one lane to the port in order to drive a yellow-ray in a place other than the area permitted for a yellow-ray, and caused a collision with the front part of the victim E(the 52-year-old driver) driving car, which is going toward the front part of the victim E(the 52-year-old driver) driving on the right side of the motor vehicle.

As a result, the Defendant, by negligence in the above occupational negligence, sustained a string of the double wall that requires treatment for about two weeks, and at the same time, escaped without taking necessary measures such as providing relief to the victim, even though the Defendant destroyed the fright car and stopped the frighting car so as to cover repair costs equivalent to approximately KRW 2,92,668, such as damage to the part of the frighter part.

around 01:35 on April 17, 2019, the Defendant boarded at the back-side of the J-business taxi operated by the victim I (the age of 47) in the direction of the H located in Nam-si, Namwon-si.

The Defendant: (a) deemed the victim to be a “KIB” but the victim was aware of it as a “LIB”; (b) Gain as another way on the same day; and (c) around 01:37 on the same day.

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