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(영문) 의정부지방법원 2019.09.04 2018고단1881
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The defendant is a person who runs driving cars and freight cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed measures after accidents);

On February 6, 2018, around 11:55 minutes, the Defendant entered a two-lane road front of the entrance of C at the Namyang-si, Chungcheongnam-si, with two-lanes from the side of Chuncheon to the Seoul at an insular speed, and continued to enter the said two-lane road directly in front of the store of “D”.

There are three-distance intersections along the right side of the Defendant’s vehicle driving direction. Since the vehicle driving on the right side of the road becomes more than the three-distance intersection, it is possible to make a right side and enter the front of the Defendant’s vehicle driving direction. As such, the Defendant, who is going through the Sam-distance Intersection as above, has the duty of care to safely drive the vehicle and prevent accidents by checking the front side of the vehicle, and by checking whether there is a vehicle entering the front of the Defendant’s vehicle.

Nevertheless, the Defendant neglected this and neglected his duty to stop on the front side, thereby bypassing the direction of the running of the Defendant’s vehicle to the right side of the Defendant’s course on the road by neglecting his duty to stop on the front side, and received the front part of the victim E(27 years old) driving that entered the Defendant’s driving lane, and the back part of the vehicle was driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim E by such negligence during approximately two weeks of medical treatment, and at the same time, the mother of the above E, who owned the victim G, did not take measures such as destroying the said YY car to repair cost of KRW 3,256,592, and attempted to rescue the victim E.

2. On February 6, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) is on the road located at H on February 11:55, 2018 at a section of about 700 meters from the road located at H at the south-si of the Gyeonggi-do to the front road of the C entrance without a driver’s license.

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