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(영문) 대전지방법원 2016.09.28 2016고단1096

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for one year.

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 engaging in driving a rocketing taxi.

On April 18, 2016, the Defendant driven the above taxi on April 18, 2016, and proceeded along the two lanes between the two lanes between the two lanes south of the Han River, the Han River, Seo-gu, Seo-gu, Daejeon, the Han River, the Han River, the Han River, and the Han River, the Han River, the Han River, the Han River, and the Han River, the Han River, the Han River, the Han River

Since there is an intersection where signal lights are installed, a person engaged in driving duty has a duty of care to reduce speed and drive safely according to signals.

Nevertheless, the Defendant neglected this and got off the front part of the victim D(52) driving, which was proceeding on the right side of the direction of the course due to the negligence in contravention of the signal, to the above front part of the KS5 taxi driving on the right side of the rocketing taxi.

Defendant at the same time, the victim suffered injury, such as dump of the bones of wood, which requires treatment for about two weeks, due to such occupational negligence, and at the same time, the above k5 si was destroyed by the repair cost of approximately 2,331,528 si and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes in a traffic accident actual condition survey report, accident scene photograph, diagnosis certificate, and written estimate;

1. Article 5-3 subparag. 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 (the point of failing to take measures after the accident)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is as follows: (a) a person who runs a vehicle while drinking the vehicle while causing a traffic accident in violation of the signal; and (b) a person who runs the vehicle has