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(영문) 수원지방법원 성남지원 2019.05.29 2019고단438
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (U.S.) are those engaged in driving motor vehicles Benz C220D.

On November 1, 2018, the Defendant driven the above car at around 20:17, and led to a driving of the above car, which is located in C at the subordinate city, from the E elementary school room to the D kindergarten room from the E elementary school.

However, at night, at the time, there was a passenger car in the victim F (the age of 59) driving that is driven to park on the right side on the front side of the direction of the defendant's proceeding, so the person engaged in driving service has a duty of care to prevent the accident by safe driving while living well on the front side and the right side of the defendant's proceeding.

Nevertheless, the Defendant, by negligence, neglected to do so, conflicts with the front part of the said passenger car in front of the said passenger car C220d, and due to such conflict, conflict with the front part of the said passenger car in front of the said passenger car.

At the same time, the Defendant, by occupational negligence, sustained injury to the victim F, such as salt, tensions, etc. in need of approximately three weeks of medical treatment, and at the same time, did not take necessary measures, such as immediately stopping, aiding the victim, checking the state of damage, etc., even though the Defendant damaged the said high-speed car and repair cost of approximately KRW 3,014,154 to cover approximately KRW 715,130 of repair cost.

2. On November 1, 2018, the Defendant obstruction of performance of official duties: (a) on the street in front of K, which is located at the Hannam-si Court of Justice around 21:00, the Defendant refused to take a drinking test by a police officer, who belongs to the Hannam Police Station, dispatched to the scene in relation to the said traffic accident; (b) on the ground that the police officer’s chest part of the said police officer’s breast part of the said police officer was blick at one time; and (c) on the ground that the police officer’s bridge part of the said police officer was assaulted three times to prevent the crime.

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