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(영문) 대전지방법원 홍성지원 2015.04.03 2015고단27

특정범죄가중처벌등에관한법률위반(도주차량)

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

At around 21:55 on September 26, 2014, the Defendant, who is engaged in the operation of B rocketing taxi, was driving the said taxi on the taxi from the budget station in front of the Jeju National Budget-In-Sari Budget-In-Sari.

At night, while the above taxi was stopped, the victim C (55 years of age) was on the side of the head of the above taxi and was in dispute with the defendant, so there was a duty of care to safely drive the taxi, such as a person engaged in driving of the vehicle thoroughly, maintaining an appropriate distance with the victim to prevent the shock of the victim, and starting from driving the taxi safely.

Nevertheless, the Defendant neglected to do so and did not properly go on the side of the taxi, and the Defendant took the left-hand side of the victim due to the negligence of driving the said taxi by driving the said taxi in a state where the victim is going on the right side of the said taxi.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as the left-hand sprinking species, salt, etc., which requires treatment for about two weeks, but immediately stopped and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A traffic accident report and a traffic accident report;

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 and Article 268 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for sentencing [the scope of recommendations] of the Criminal Code, and after causing injury to the escape, the mitigation area (6 months to October) of the escape.