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(영문) 수원지방법원 성남지원 2018.05.10 2018고단603

특정범죄가중처벌등에관한법률위반(도주치상)등

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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 engaged in rocketing taxi driving service.

On February 1, 2018, the Defendant driven the above vehicle around 00:29, while proceeding six-lanes of the 311-lane radius from the side of the mother to the side of South Korea, the Defendant continued to drive the vehicle toward the intersection of South Korea.

At night, and at this time, signals are installed. In such a case, the driver had a duty of care to safely drive the driver by accurately operating the steering room and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the steering system.

Nevertheless, the victim C(30 S) driven by the victim C(30 S) who neglected this and proceeded to turn to the right from the fest to the fests of the Central Road, in accordance with the signals from the fests of the Central Road, caused the victim to go to the road by an rapid operation in order to avoid the collision with the Defendant's vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury, such as duplicating three cupages, etc., which invadedd the right side of the victim in need of approximately six weeks medical treatment, and at the same time, the Defendant, even though the repair cost was damaged by approximately KRW 4,773,200, failed to immediately stop and take necessary measures, such as providing relief to casualties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. A written diagnosis and written estimate;

1. Application of the photographic Acts and subordinate statutes;

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 1.