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(영문) 서울북부지방법원 2017.09.21 2017고단2910
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended 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 engaged in driving a rocketing car.

On June 13, 2017, the Defendant, while under the influence of alcohol content of 0.128% from the blood transfusion around 02:10 on June 13, 2017, proceeded with the intersection of the front distance of D in Seoul Special Metropolitan City, Nowon-gu, to the hill of the entrance from the hill church room of the Taell church.

Since there is a frequent traffic intersection, in such cases, a person engaged in driving a motor vehicle has a duty of care to temporarily stop the traffic situation of the intersection before entering the intersection and to safely proceed with it.

Nevertheless, the Defendant neglected to do so and did not discover the victim E (the 65 years old) who was driving on the right side from the left side of the proceeding direction by the negligence of entering the above intersection, and did not discover the F taxi and shock the front part of the above rocketing car of the Defendant.

Ultimately, the Defendant caused injury to the victim E, such as brain salvin in need of approximately two weeks’ medical treatment by occupational negligence as above, suffered injury to the victim G (the 51 years old), who is the passenger of the said taxi, for approximately two weeks’ medical treatment, and escaped without taking necessary measures, such as immediately stopping the said taxi to ensure that approximately KRW 2,089,208 of repair cost is damaged, and that the said taxi is destroyed to repair cost and immediately stopping the taxi to rescue the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The provisions of Acts and subordinate statutes governing the report of a traffic accident (1) (2) (the report on the detection of a driver at the main place, the report on the situation of the driver at the main place, the report on the on-site investigation, the photographs of the damaged vehicle and photographs and estimates, each diagnosis document, the written statement of the occurrence of the traffic accident,

1. 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 occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act concerning criminal facts (the point of non-measures after accident).

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