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(영문) 인천지방법원 2016.08.17 2016고단3656

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On May 27, 2016, the Defendant driven the above taxi on May 22:30, 2016, and made the front distance of the “E cafeteria” located in the Nam-gu Incheon Metropolitan City D to turn to the left at the left one-lane from the boundary of the construction center to the boundary of the stone.

At the front of the road, there was a pedestrian crossing in which a vehicle signal apparatus and walking are installed, so in such a case, it was confirmed in advance whether a person engaged in driving the vehicle has a right and left and left, and there was a duty of care to prevent the accident in advance by accurately operating the steering gear and the brake system, and driving the steering gear and the brake safely in accordance with the good faith.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes without accurately operating the front left and right, and when the signal apparatus of the front side is a green light, by negligence, when the walking turn from the right side to the left at the right side when the walking is green light, the Defendant received the victim F. 17 years old as the front part of the above taxi.

Ultimately, even if the Defendant suffered from an injury, such as salt, tension, etc., in need of treatment for about three weeks by occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment with prison labor for the crime under the relevant Act;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] (the act of escape after traffic accident) (the act of escape after traffic accident) is not subject to punishment (the act of special mitigation).