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(영문) 의정부지방법원 고양지원 2014.10.31 2014고단1793
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 car in C Sejong Metropolitan Government.

On August 1, 2014, at around 09:37, the Defendant driven the said car and proceeded at a speed of about 20 km from the side of the night village to the intersection of the private street in Yongsan-gu, Sinyang-si, Sinyang-si.

At that time, the Defendant was entering the intersection, and thus, there was a duty of care to reduce speed and safely enter the traffic signal to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and entered the intersection, disregarding red lights, and entered the intersection, and was driven by the victim E (58 years old) who entered the right side from the left side of the direction of the Defendant’s proceeding to the right side according to the straight line, and was driven by the victim E (58 years old) to the right side of the private taxi and the part behind the motor vehicle driving by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim in need of approximately two weeks of medical treatment, and suffered injury to the victim G (V, 55 years of age) who is a taxi customer for about two weeks of medical treatment, as well as injury to the shoulder shacker salt, etc. which requires about two weeks of medical treatment. At the same time, even if the repair cost, such as exchange of a frans, damages the above 700,888 won to the extent that the 700,000 won was damaged, and escaped without taking necessary measures, such as

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. The actual condition survey report, each written diagnosis, and written estimate;

1. Application of the Acts and subordinate statutes to photographs by cutting off a photograph related to an accident-related photograph or a motion picture of a damaged vehicle;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the neglect of causing the death or death by occupational negligence), and Article 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of the penalty;

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