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(영문) 의정부지방법원 2014.05.23 2014고단152

특정범죄가중처벌등에관한법률위반(도주차량)

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Defendants shall be punished by imprisonment for not less than two years and six months.

However, with respect to Defendant A, it shall be for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 31, 2013, at around 00:25, Defendant A driving a F Sota taxi, Defendant A proceeded with the first line, along with the front line, from the front line at the front line at the front line of a high-speed police box located in Song-dong, Song-dong, Yang-dong, to the front line at the front line.

At the time, when the victim G(52 years of age) was under influence of alcohol, the victim G was crossinged without permission at a point of about 5 meters away from the crosswalk, the defendant reported the victim, ringing the warning, and stopped, and brought about a dispute with the victim who resisted to the cab driver's seat, and the victim who was faced with the cab was able to take the defendant by inserting his hand through open window of the cab.

In such cases, a person engaged in driving service has to start with the victim's hand to prevent the shock of the victim, and where the shock with the victim occurs thereafter, he/she has a duty of care to look into the state and overall circumstances of the victim.

Nevertheless, the Defendant: (a) started a self-cab; and (b) had a victim who lost central center due to the start of the Apop taxi take the left side of the taxi and used it on the floor; (c) left the taxi without taking relief measures for the victim; and (d) caused the victim to die by having the victim go away from the cargo vehicle of one ton of the Defendant B driving who passed the said point.

2. Defendant B driven a H 1 ton freight and proceeded at a rapid speed of about 70 kilometers depending on the first line at the date and place described in paragraph (1).

당시는 야간이었고 2차선상에는 쓰러져 있는 피해자를 발견한 성명불상자가 비상등을 켠 채 차를 정지시켜 둔 상황이었으므로 이러한 경우 운전업무에 종사하는 사람으로서는 전방주시를 철저히 하고 조향장치 및 제동장치를 정확히 조작하여 안전하게...