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(영문) 서울중앙지방법원 2014.07.25 2014고단3588
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 engaging in driving a village bus.

On April 7, 2014, the Defendant driven the above bus around 08:57, and proceeded at a speed of about 50km from the 4-lane to the distribution intersection of the 176 Gangnam-gu Hospital, Seocho-gu, Seoul, along the new distribution channel of Seocho-gu, Seoul.

Since there is an intersection where a signal apparatus is installed, there was a duty of care to prevent accidents in advance by driving safely according to the purport that a person engaged in driving service is instructed by reducing speed and by properly examining the right and the right of the signal apparatus.

Nevertheless, the Defendant neglected to do so and did not stop even if the signal of the vehicle prior to entering the intersection was changed to a yellow light, and did not stop and proceeded in violation of the signal as is, and the victim D (the age of 68) who circumvents the signal from the right side of the bus run by the Defendant at the time of the bus crossing to the right side of the bus of the Defendant.

Ultimately, the Defendant, by such occupational negligence as above, attempted to inflict injury on the victim D in light of the light fat, which requires approximately three weeks of medical treatment on the victim F, who is the passenger on the back of the said taxi (or 40 years of age), suffered from the injury of the fat, tensions, etc. of the bones of wood, which requires medical treatment for about two weeks, and escaped without immediately stopping the damaged taxi so that 2,723,180 won, such as the exchange of the front fat, etc., may be damaged to the victim and the victim F, who is the passenger on the back of the said taxi.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of D police statement;

1. A written statement;

1. A traffic accident report;

1. Each photograph;

1. Written estimate;

1. Each written diagnosis;

1. Video materials;

1. The application of Acts and subordinate statutes to an investigation report (the confirmation of black stay images at the time of collision and the review of cases);

1. Relevant provisions concerning facts constituting an offense;

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