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(영문) 서울중앙지방법원 2017.04.19 2016고단6916
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 6916]

1. The Defendant is a person who is engaged in driving a C-cruise vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the Road Traffic Act (U.S.).

On April 3, 2016, the Defendant driven the above car at around 01:30, and driven the three-lane road in front of the D intersection in the Nowon-gu Seoul Special Metropolitan City along the direction from the direction of the Incheon sub-dong to the direction within the direction of the air.

Since there is a left-hand turn mark on the surface of the road in which traffic is frequent, in such a case, a person engaged in driving motor vehicles has a duty of care to safely proceed in accordance with the designated traffic indication and prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and received the back part of the Fra vehicle driving Fran in accordance with the surface marking from the victim E (W, 37 years old) driving on the two-lanes of the mama course as it was due to the negligence of the Defendant’s negligence, and received the back part of the Fra vehicle driving in front of the right part of the said cruise vehicle driving by the Defendant.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt pans, tensions, etc., requiring treatment for about three weeks, and at the same time, escaped without taking necessary measures, such as making a stop immediately and saving the victim, even though the Defendant destroyed the above racing car to cover KRW 3,761,868, such as exchange of the back racers of the rac vehicle.

2. A violation of the Road Traffic Act (drinking driving) was driven by the Defendant at the speed of 0.141% of alcohol concentration among blood transfusion at the time of paragraph 1, and the Defendant driven a C-crack vehicle at a section of about 4 km from the front of an influence restaurant located in the Bupyeong-gu Incheon Metropolitan City to the front of the non-disfluence road located in the Seocheon-si, Seocheon-si.

3. On August 5, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) in a section of approximately KRW 200 meters from the station northwest-si, Busan to G in Seocheon-si without a driver’s license on August 5, 2016.

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