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(영문) 의정부지방법원 2015.10.30 2015고단2806
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 K5-car.

On April 26, 2015, the Defendant driven the above vehicle on April 26, 2015, and driven the road of four lanes in front C in front of Seoul Central-gu, Seoul, with one lane in the direction of the parallel between the upper and underground streets.

At all times, the Defendant had an intersection where signal lights are installed, and the Defendant had a duty of care to reduce speed and drive safely in accordance with the signals, as the victim D (the age of 48) driven ahead of the same direction followed the E-learning Motor Vehicle that is driven by the victim D (the age of 48).

Nevertheless, the Defendant neglected this and got the front part of the 5-lane that the Defendant driven by the Defendant following the right side of the vehicle under stop in accordance with the stop signal due to the negligence of the Defendant’s failure to stop, and received the front part of the 2-lane signal in the course of the Defendant’s escape between the first lane and the second lane.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D such as salt, tensions, etc. in need of treatment for about two weeks, and suffered injury to the victim F, such as light salt dump, etc. requiring treatment for about two weeks, and at the same time, destroyed the above NF dump to the repair cost of KRW 50,00,000, and escaped without taking necessary measures, such as providing rescue to the victim, even though it damages the above NF dump to the repair cost of KRW 668,878.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and D;

1. The actual condition survey report;

1. An accident site photograph;

1. Each injury diagnosis letter;

1. Application of each written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 148 of the Road Traffic Act concerning criminal facts.

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