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(영문) 인천지방법원 2015.12.10 2015고단6392
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 FSI car.

At around 03:00 on June 19, 2015, the Defendant proceeded at a speed of about 60 km from the Cheongwon-dong, Seo-gu, Incheon, to the Cheongwon-dong, Incheon, at a speed of about 50 km each hour, depending on three lanes from the Cheongwon-do.

At this point, since it was a road where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents in advance by complying with the signal.

Nevertheless, the Defendant neglected this and neglected to take part in the front side of the victim C(54 years old) driving on the right side of the vehicle in which the Defendant is driving by negligence, disregarding and proceeding the vehicle driving signal while the vehicle driving signal is red.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim C, such as “the closure of the string of the string of the string in the direction,” which requires approximately six weeks of medical treatment on the part of the victim C, and inflicted injury on the victim E (the 21-year-old) who was on board the said taxi, such as “the string of the string, the string of the string, the string of the string, and the 21-year-old,” which requires approximately two weeks of medical treatment on the part of the said taxi. At the same time, the Defendant escaped without taking necessary measures, such as destroying the string of the said taxi owned by the

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement to F and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 (1) of the Road Traffic Act concerning the crime by applicable law;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for discretionary mitigation.

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