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(영문) 대전지방법원 천안지원 2017.10.12 2017고단1894
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "Aggravated Punishment, etc.") is a person engaged in driving BM (SM) 5 automobiles.

On May 28, 2017, around 01:00, the Defendant driven and proceeded with the said car from the port along which the “D gas station” located in Asan City C, to the territory.

At the time, the road is at night and its location is a road with a large center line for vehicle traffic. In such a case, not only the person engaged in the vehicle driving but also the person engaged in the vehicle driving has a duty of care to properly handle the steering direction and operating the steering system and to prevent the accident.

Nevertheless, the Defendant neglected this and caused the victim E (SM 3) who was driving in normal driving along the opposite lane along the opposite lane by negligence while driving in the opposite lane beyond the median line, and caused the FSM (SM 3) 3 passenger lanes driving in the opposite lane to stop a collision with the Defendant’s car driving in the opposite lane.

Ultimately, the Defendant, by its occupational negligence, escaped without immediately stopping the above victim, without taking necessary measures, such as providing rescue to the victim G (1) who was on the left-hand hand part of the victim requiring approximately two weeks of medical treatment, while suffering from the injury of chills, tensions, etc. requiring approximately two weeks of medical treatment to the victim G (1) who was on board the said SM 3 car.

2. A special injury Defendant gets a FSM (SM) 3-lane operated by E to move rapidly in order to avoid a collision with the Defendant’s vehicle running in the calendar at the time, at the time, at the place specified in paragraph 1 above, and at the same time, at the same time, at the time, as described in paragraph 1 above, and at the same time, the victim H, who is a passenger of the said FM (SM) 3-car, who was a passenger of the said FM (SM) that was driven by E, is driving by the Defendant.

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