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(영문) 서울남부지방법원 2015.09.10 2015고단1305

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 who is engaged in driving a vehicle in C re-scheduled language.

On November 20, 2014, the Defendant driven the above car volume around 14:08, and proceeded 414 KGG as the airport of Gangseo-gu Seoul, Gangseo-gu, Seoul, at the airport, with a low speed of about 20 km from the air basin of Gangseo-gu to the low speed of 414 KGG.

At least four-lanes, the Defendant, as a point of combining the two-lanes, was followed by the E-Ba-si vehicle driven by the victim D(58 years old) prior to the same direction, and thus, a person engaged in driving service has a duty of care to take into account the progress of the vehicle as well as to proceed with it.

Nevertheless, the Defendant neglected to do so, while driving the said taxi by negligence, reduced the speed at the airport and the combined point of the airport, and driving the said taxi by side to the right side of the said taxi for overtaking the said taxi, and received the front part of the said taxi as the front part of the vehicle in front of the vehicle of the Defendant.

The Defendant, by negligence in the course of performing such duties, sustained bodily injury, such as light fluoral and fluoral salt, which requires medical treatment for the victim, and at the same time, destroyed the said taxi vehicle to bring about KRW 315,318, and escaped without taking necessary measures, such as immediately stopping the said taxi and providing relief to the victim.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of partial police interrogation of the accused;

1. Statement by the prosecution concerning D;

1. A traffic accident report;

1. A written diagnosis, medical examination and treatment, and written estimate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;