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(영문) 서울동부지방법원 2019.01.17 2018고단3708
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;

A. The Defendant is a person who is engaged in driving a Csch Rexton car after a traffic accident with the injured party B (46 years old) driving an Asch Rexton car.

On March 3, 2018, the Defendant driven the above vehicle at a speed of about 100km per hour depending on the two-lanes of the Sindo 3-lane from the military breathy to the 3-lane 2-lane 3-lane 18.2 km adjacent to the Ansan-gu Busan Metropolitan City Seogdong Highway (Inncheon-do).

It is an expressway that leads to frequent and high speed traffic of vehicles. In such a case, the driver of the vehicle has a duty of care to accurately manipulate the steering gear and brakes so as not to impede the traffic of other vehicles when overtaking vehicles in compliance with safety distance, so that the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, when the Defendant neglected to do so and proceed with the three-lanes in order to overtake the amount of the victim B's car at the front of the road, the Defendant is driving two-lanes on the same side from the front of the driver's vehicle in the Roman course to the same side as the other side in order to overtake the amount of the victim B's car at the front of the road.

The part behind the right side of the victim's driver's vehicle changed to three lanes was shocked into the front part of the left side of the defendant's driver's vehicle.

As a result, the Defendant got the victim E (the 42 years old), who is a passenger of the victim B and the driver’s vehicle of the victim (the 42-year-old) to receive approximately two weeks of medical treatment, and, at the same time, did not immediately stop the vehicle and escape without taking necessary measures, such as providing relief to the victims, even though the Defendant damaged the repair cost equivalent to KRW 4,618,416, such as exchanging the back of the driver’s vehicle of the victim B.

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