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(영문) 수원지방법원 안산지원 2015.10.29 2015고단2744
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

The defendant is a person engaged in driving a gallon car.

On September 1, 2015, the Defendant driving the said car as a business, and driving the two-lanes of the road of the 1522 Sinsan-si, Sinsan-si, Sinsan-si, Seoul Special Metropolitan City on September 1, 2015, at approximately 60 kilometers in Sinsan-do as Sinsan-do Fire Fighting Zone.

In such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to signals such as signal, etc.

Nevertheless, the Defendant, due to the occupational negligence in the course of the left turn due to the influence of the immediately preceding drinking, refluentd the part of the victim C(the 42-year-old driver) driving that is going to turn to the left pursuant to the new subparagraph from the mathical negligence in the course of the left turn due to the influence of the immediately preceding drinking, with the front front part of the said gallon car operation by the said gallon driver’s front part of the said gallon driver’s vehicle, and caused the said gallon to refluent the front part of the victim E driver’s vehicle in front of the signal stop

As a result, the Defendant suffered salt and tensions of the trend requiring medical treatment for about two weeks, and at the same time, the Defendant destroyed the said small-scale car to be repaired, such as the exchange of the front-time driver, and damaged the said bus to be repaired in an amount equivalent to KRW 3,547,678, and the f37,378, respectively, and escaped without providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to C and E;

1. Application of each Act and subordinate statute stated in a traffic accident report, traffic accident occurrence report, diagnosis certificate, and quotation;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 of the Road Traffic Act concerning criminal facts.

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