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(영문) 서울중앙지방법원 2013.10.25 2013고단2550

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On March 29, 2013, the Defendant, who is engaged in driving of E-si, stopped on March 29, 2013 in order to get off three persons, including Victim G(31) who are passengers, in front of Gwanak-gu, Seoul Special Metropolitan City.

In the process of getting off, the defendant took a bath to the victim, etc. on the ground that the driving of the victim does not promptly close the door, and the victim resisted the defendant, and the victim took a knife part of the driver's seat of the above taxi while resisting the defendant.

In such cases, it is necessary to confirm whether a person engaged in driving service is not another person in the vicinity of the vehicle before departure from the taxi, and in particular, the victim gets close on the side of the driver's seat while resisting the defendant's bath.

Since the taxi was in a situation where the part of the open glass window on the side of the driver's seat was maintained, it is necessary to check whether the victim has left the taxi at a sufficient distance from the defendant's taxi before starting the taxi, and even if starting the taxi, the taxi has a duty of care to prevent the accident by operating the speed system in preparation for the accident.

Nevertheless, the Defendant was negligent in leaving the taxi due to the negligence of the Defendant’s failure to perform the above duty of care, and the victim, who was suffering from the driver’s seat of the said taxi, went beyond the floor by leaving the cab without getting the speed of the cab and getting the cab up to the floor, and even though the victim’s inside and outside the gate of the said cab, failed to immediately stop the gate and take measures such as providing relief to the victim.

After that, at around 10:00 on April 5, 2013, the victim died from the cerebral cerebral cerebral cerebral cerebral Spon in Dongjak-gu Seoul Metropolitan Government H.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses J, K, L, M, N,O.