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(영문) 수원지방법원 성남지원 2017.08.17 2017고단1295
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The Defendant is a person who is engaged in driving of a vehicle E with low speed, in violation of the Road Traffic Act against the victim D (in-depth measures after accidents).

On March 24, 2017, the Defendant driven the above car on March 22:43, 2017, and led to a road of one-lane in front of the F of the branch of Sungnam-si, Sungnam-si, to the right intersection from the Pvis-si.

At the time, there is a narrow road width due to the motor vehicles parked on both sides of the road, so in such a case, there was a duty of care to reduce speed and safely drive the motor vehicle by checking well the right and the right of the motor vehicle driver and prevent the accident in advance.

Nevertheless, the Defendant neglected this and stopped G rocketing car driven by the victim D, which was placed in the opposite part, due to the lack of space for driving with the Defendant’s vehicle, which led to the Defendant’s failure to stop, leading up to the front part of the damaged vehicle in front of the left-hand side of the Defendant’s vehicle.

Ultimately, the Defendant did not take necessary measures, such as aiding and abetting the damaged person while destroying and damaging the damaged vehicle, such as exchanging the damaged vehicle by occupational negligence as above, approximately KRW 497,00.

2. The Defendant, like the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victim H (do referred to as the “Aggravated Punishment, etc. of Specific Crimes”), and the Violation of Road Traffic Act (hereinafter referred to as the “Aggravated Measures”), committed a traffic accident as in paragraph 1, led to the Defendant’s front road of the 77 March 1, 200, 22:48 Seongbuk-gu, Sungnam-si, Sungnam-si, Seoul Special Metropolitan City.

At this point, there was an intersection where signal lights are installed in the front bank, so there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving of a motor vehicle and by checking well the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and proceeded with it as it is.

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