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(영문) 수원지방법원 안산지원 2016.10.27 2016고단3094
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 who is engaged in driving a B-learning car.

1. On May 28, 2016, the Defendant driven the said vehicle under the influence of alcohol by 0.107% in a section of about 5km from the center in front of the central station in Ansan-gu, Ansan-si to the front road in front of 5km-dong 580-7 in the same city-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act (Non-accident after Accidents) led the Defendant to drive the above vehicle at the time set forth in paragraph 1, and drive the above vehicle at a speed of 60km per hour in the direction of the central station in the direction of water industry, along with three lanes in the direction of water industry, at the speed of 410 lanes ahead of the Susan Integrated Terminal in Ansan City.

On the other hand, there was a blind-distance intersection where signal lights are installed, so there was a duty of care to prevent accidents by making it possible for a person engaged in driving service to see the vehicle signal and accurately manipulate the brake system to stop after the vehicle at a speed reduction if it is a stop signal, and by maintaining the appropriate distance from the front vehicle in good mind.

Nevertheless, the Defendant, as stated in Paragraph 1, was negligent in neglecting the duty of ex officio care, and was negligent in driving the vehicle by neglecting the duty of ex officio care, and was driven by the victim C (the 59-year-old driver) who was parked in the front part of the foregoing vehicle in order to signal the atmosphere at the bed.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as scam dump, tension, etc. which requires treatment for about two weeks, and at the same time, destroyed the damaged vehicle to receive approximately KRW 899,790 of repair expenses, and escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim, and caused two different vehicles to be used by the victim.

b)a summary of the evidence;

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