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(영문) 수원지방법원 안산지원 2020.04.16 2020고단400
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than 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

[Criminal Power] On November 19, 2015, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Ansan District Court’s Ansan Branch on November 19, 2015.

【Criminal Facts】

1. A person who is engaged in driving a B-cruise vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident).

On November 27, 2019, around 00:45, the Defendant moved the front intersection of the member-gu Seoul Building in Ansan-si to the central station from the side of the D department store.

Since there are frequent stops and move of vehicles, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance (hereinafter “the primary negligence”) by maintaining a sufficient interval between the front side and the left side of the motor vehicle and maintaining the right and the left side of the motor vehicle, and further, the victim E (60 years old) who has driven the motor vehicle of the motor vehicle of the motor vehicle after the occurrence of the accident refers to “in-house,” and “in-house,” so in such a case, a person engaged in driving the motor vehicle has a duty of care to prevent accidents in advance (hereinafter “the secondary negligence”) by accurately operating the steering gear and brakes and operating the motor vehicle so that people in the vicinity of the motor vehicle do not differ from the starting of the rapid string (hereinafter “the second negligence”).

Nevertheless, the Defendant neglected this and got the victim, who was making a second stop at the front of the instant cruise car in the direction of the proceeding by the first negligence prior to the right-hand stop, to the right-hand part of the said victim's driving, and continued to have the victim, who was making a second-hand hand from the victim who was moving to the right-hand part of the Defendant's vehicle to the right-hand part of the Defendant's driving, continued to have the victim, who was taking a second-hand hand from the victim's own departure to the right-hand part of the Defendant's vehicle, moved to the road along with the vehicle.

In the end, it is eventually.

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