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(영문) 수원지방법원 2018.08.22 2018고단2860
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in CMW 740.

On December 30, 2017, the Defendant driven the said car after drinking the alcohol at around 22:09, and driven it at around 6, 536, the right line line 536, which is located in the sphere of Suwon-si, at the time of Suwon-si, led the Defendant to drive the said car along one lane in the direction of the river basin in the direction of transfer.

Since there is a place where the center line of yellow domin line is installed, the Defendant engaged in driving service had a duty of care to safely drive the wheel line by accurately manipulating the steering direction and brakes while living well on the right and the right.

Nevertheless, the Defendant neglected to stop in the middle line due to the negligent negligence of the center line, brought the front part of the victim D(35 tax) driving in front of the passenger car in the non-fluened halog more than halogen on the front part of the Defendant’s driver’s car, and continued to drive in the middle line while driving in the middle line.

F Driving received the front part of the driver's seat of the car at the G-Wn-Wn-Wn-Wn-Wn, from the left side of the Defendant's car.

As a result, the Defendant suffered brain-dead, etc. to the victim D due to the above occupational negligence, and at the same time, 18,343,358 won of the repair cost of the said new-style car, and even if the said car was damaged to cover approximately KRW 3,590,000 of the repair cost, the Defendant left the car and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. H statements;

1. Reports (1), (2) on traffic accidents;

1. An accident scene photograph, or a photograph damaged by each damaged vehicle;

1. A medical certificate;

1. Application of each written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54 of the Road Traffic Act concerning the crime.

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