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(영문) 광주지방법원 2017.12.19 2017고단4681

특정범죄가중처벌등에관한법률위반(도주치상)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 a period of 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 the operation of B rocketing taxi.

On September 22:45, 2017, the Defendant driven the upper taxi at around 22:45, and led the front of the bera apartment complex at the south-gu, Nam-gu, Nam-gu, Gwangju to drive at an insular speed from the intersection to the sloping distance.

At the time of night, a person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering direction and brake system of the vehicle, taking into account the traffic situation of the former and the latter.

Nevertheless, the defendant neglected to do so and caused the victim C (58) who dried the road to the right side from the left side of the running direction of the defendant by negligence, and caused the victim C (58) to shock the part of the upper right part of the car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as the left-hand pelle executives in need of approximately 12 weeks of medical treatment, and escaped without taking necessary measures, such as aiding the victim, despite the fact that the strike caused by the shock was scattered on the above road.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. to CDAs);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable condition: The instant crime committed by the Defendant resulting in a traffic accident, resulting in injury to the victim, and even though mar is far away from the road.