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(영문) 부산지방법원 2014.05.30 2014고단2245

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 engaging in driving a rocketing taxi.

On February 18, 2014, at around 05:10, the Defendant driven the said taxi in front of the Seocho-gu, Busan Metropolitan City, the Seocho-do, and led to the entry of the said taxi from the international auxiliary device room to the Busan Metropolitan bank.

In such a case, the driver has a duty of care to safely bypass the road after checking whether there is a vehicle that proceeds from the left side by checking the traffic condition of the road.

Nevertheless, the Defendant neglected this and went back without immediately stopping and taking necessary measures to the victim E (25 years old) who was driving by the victim C (5 years old) (55 years old) who was driving in the direction of Busan Station along the three-lane from the direction of Busan Station by entering the direction of the end of the 4-lane of the 4-lane in the direction of the end of the 4-lane, thereby causing the injury to the victim E (25 years old) who was getting on the left back of the cab, due to the shock, in need of approximately two-day medical treatment, and at the same time, the damaged taxi was destroyed to the extent that the 377,408 won of the repairing cost is damaged to the extent that it was destroyed to the extent of 377,408 won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of ct photographs, diagnostic instruments, and estimates;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the occupation of any measure not taken after the accident);

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

1. Selection of imprisonment with prison labor, in consideration of how to choose a sentence, how to escape, how to punish a crime of another type, etc.;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (or an agreement that is not relative to the degree of damage);

1. Suspension of execution is due to the recent same kind of crime in Article 62(1) of the Criminal Act;