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(영문) 수원지방법원 평택지원 2017.04.19 2016고단2562
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is a person engaging in driving a Clearning car.

On October 26, 2016, the Defendant, at around 01:00, proceeded one lane in front of Pyeongtaek-si D, at the speed of about 50 km from the narrow passenger’s side to the speed of 50 km.

At the time, the road width was narrow and the center line was installed, so there was a duty of care to prevent accidents in advance by putting a person engaged in driving of a motor vehicle on the front side, keeping the tea, and safely proceeding with the driver.

Nevertheless, the Defendant neglected to do so and got off the center line as part of the front part of the passenger car of the Defendant, while driving the vehicle E in the opposite 2(34) drive, which was going to the opposite eth (34).

Ultimately, the Defendant suffered injury to the victim, such as conical signboards requiring medical treatment for about two weeks due to such occupational negligence, and at the same time, destroyed the car in the above SP to take approximately KRW 6,876,383 by an exchange of the front offender, but did not immediately stop the car and take necessary measures, such as providing relief to the injured party, and escaped without setting up the fright car.

2. On October 26, 2016, Defendant B driven a motor vehicle with an E Sp-type car from approximately 5km from the flue Do to the Pyeongtaek-si road without obtaining a driver’s license for a motor vehicle on October 26, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A yellow survey report, a photograph by capturing a video, or a photograph on the scene of the accident;

1. The automobile license ledger;

1. Application of written estimates and written diagnosis to statutes;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury or injury inflicted on duty) and Articles 148 and 54(1) of the Road Traffic Act (the same shall apply after the injury or injury inflicted on duty).

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