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(영문) 대전지방법원 천안지원 2018.04.27 2018고단36
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle C in driving a car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the Road Traffic Act (ii).

On November 3, 2017, around 19:10, the Defendant driven the said car with two lanes in front of the E gas station located in Asan City, Asan City, along with one lane, at the intersection of the just, the two-lanes of the E gas station.

At the time, a motor vehicle is overtaken and driven ahead of its course. In such a case, a person engaged in driving the motor vehicle has a duty of care to safely proceed by sending a horn, etc. according to road conditions while maintaining a clear mind.

However, the Defendant neglected to do so and tried to overtake the victim F (F)'s Gsplate drive of 43 years old, which was driven by the said Splate while under the influence of alcohol, and proceeds from the operation of the said SP motor vehicle at the right-way of the course. On the other hand, the Defendant did not avoid the said Splate motor vehicle by changing the vehicle from the two-lane to the one-lane, and received the said SPP motor vehicle at the right-hand side of the said SPP motor vehicle and received the said SPP motor vehicle at the right-hand side of the said SPP.

As a result, the Defendant suffered injury to the victim, such as salt panions, which requires treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle, even though the Defendant destroyed approximately KRW 1,267,209 of the repair cost.

2. On November 3, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on the road near the 146 Amsan-ro 146, Amsan-si, Amsan-do, Amsan-do, caused a traffic accident as provided in paragraph (1) while driving a car with C a drinking-related car while drinking it on the road near the 146 Amsan-do.

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