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(영문) 수원지방법원 2017.06.13 2017고단1264
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving a car in C Kank-Pack, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and the Road Traffic Act

On January 20, 2017, the Defendant driven the above car at around 02:13, and led to a change of course to a single-lane, where the five-lane road of the Dong-dong Highway 37 km in the direction of Incheon from the direction of the water source is driving at the speed of the non-exclusive road.

Since there are a white solid line prohibited from changing the course, it is prohibited from changing the course, and even in the case of changing the course, there was a duty of care to prevent the collision with the vehicle following the direction, etc. in advance.

Nevertheless, the Defendant neglected this and changed the course without operating the direction direction, etc. in the white real line section, and was driven by the victim D (39 tax) driving in one lane in the same direction, and received the part on the right side of the passenger car driving by the Defendant in front of the left side of the vehicle driving by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim with salt and tensions that require medical treatment for about two weeks, while at the same time, the Defendant attempted to stop and abscond without taking necessary measures, such as providing rescue to the injured party, even though the Defendant destroyed and damaged a high-priced car, such as a panion exchange, etc., with the highest amount of 1,350,000 won.

2. Violation of the Road Traffic Act (drinking) by the Defendant: (a) around the day specified in paragraph (1), the Defendant driven the said car under the influence of alcohol content of about 52 km at a section of about 0.208% in alcohol level, from the front day of the building where the Yeongdeungpo-gu Seoul Metropolitan Government 5 had a large social gathering building, to the Gambag-gu 388-172, Young-gu, Young-gu, Seoul Metropolitan City Gag-dong 388-172.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report (on-site investigation report);

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