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(영문) 서울북부지방법원 2017.11.09 2017고단3553
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a DNA franchise vehicle.

On April 8, 2017, at around 23:10, the Defendant driven the road in front of the 653-round 1, 190-ro, Nowon-gu, Seoul Special Metropolitan City, to the private distance from the hill distance.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and there was a duty of care to ensure that the driver of a motor vehicle has a duty of care to safely report the traffic situation

Nevertheless, by negligence, the Defendant neglected his duty at the front time, and proceeded with the front part of the vehicle driving by the Defendant, following the Fenz vehicle driven by E, which was in progress in the front direction of the Defendant’s proceeding.

As above, the Defendant did not immediately stop the above benz vehicle so that the amount equivalent to KRW 1,579,733 of the repair cost would be damaged and the Defendant escaped without taking necessary measures.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (or on the spot) committed a traffic accident on April 8, 2017, when the Defendant escaped from the patrol car and the benz vehicle, leading to the road leading to four times to the Geum River-ro around 23:30 on April 8, 2017, and proceeded with the said road toward the string distance from the west Shill Road.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and drive the motor vehicle in advance by reporting the traffic situation well and safely.

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