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(영문) 인천지방법원 2015.09.17 2015고단3973
특정범죄가중처벌등에관한법률위반(도주차량)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-Wood vehicle.

On April 26, 2015, the Defendant driven the above vehicle at a speed of 04:57, and driven the road of five lanes in front of the median distance in front of the central road in the iron farm road at the time of light lighting, along the two-lanes from the boundary of the steel mountain basin to the inside, solar hilling side.

Since there is an intersection where signal lights are installed, there was a duty of care for those engaged in driving service to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front part of the DNA taxi driven by the victim C(50 years old) who is driving from the right side of the Defendant’s proceeding to the left side of the normal signal due to the negligence attributable to the red signal in violation of the signal.

Ultimately, the Defendant, by such occupational negligence, sustained injury such as salt, tension, etc. in need of treatment for about two weeks to the victim E (n, 64 years of age) who is the passenger of the victim C and the damaged vehicle, and escaped without taking necessary measures, such as immediately stopping the damaged vehicle, checking the damaged vehicle, etc., even if the damaged vehicle is damaged to cover repair costs of KRW 780,728.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the report of traffic accidents;

1. Blue boxes and video CDs containing an accident scene;

1. A medical certificate (C) and a medical certificate (E) (the defendant alleged to the effect that he/she was unaware of the occurrence of the instant traffic accident and denied his/her criminal intent to escape. However, in light of the background, scale, circumstances immediately after the occurrence of the traffic accident, etc., the defendant can be recognized as having left the scene with his/her awareness, and thus, the defendant's assertion shall not

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Act as to the crime committed under the corresponding provision of the Act.

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