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(영문) 서울동부지방법원 2015.07.23 2015고단1505
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 knife vehicle.

On May 11, 2015, the Defendant driven the above van on the 22:33rd of May 201, and proceeded at a speed of about 20 km per hour between the three-lanes in the direction of putting the front intersection of Seongdong-gu Seoul Metropolitan Government along the two-lanes in the direction of the opposite zone.

At the time, it was at night, and its location was an intersection where the electric signal is installed, so there was a duty of care to safely drive the motor vehicle driver according to the signals by reducing speed and keeping the signal well.

Nevertheless, the defendant neglected this and caused the collision between the victim D (at the age of 59) who proceeds in accordance with the straight line from the right side of the defendant's running direction by negligence in violation of the signal, and the victim D (at the age of 59) who proceeds in accordance with the straight line on the right side of the defendant's running direction.

Ultimately, the Defendant, by its occupational negligence, inflicted injury on the above victim’s climatic salt, etc. requiring approximately two weeks of medical treatment on the part of the above victim, inflicted injury on the victim F, who was on the top of a passenger car driving by the above victim, such as the heat hold, etc. requiring approximately three weeks of medical treatment on the back seat, and inflicted injury on the victim G (V, 62 years of age) who was on the back seat, requiring approximately three weeks of medical treatment on the part of the victim’s H (V, 54 years of age) who was on the back seat, without taking necessary measures, such as destroying the above strife in order to exchange the above strife, and immediately stopping the strife at the back seat, etc., and at the same time, failed to take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of D, F, G, and H;

1. A traffic accident report;

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes to vehicles and field photographs;

1. Each relevant Article of the Act concerning criminal facts;

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