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(영문) 광주지방법원 2014.11.14 2014고단3357

특정범죄가중처벌등에관한법률위반(도주차량)

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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 May 30, 2014, the Defendant driving the said taxi as his duties around 23:10, and driving two-lanes in the direction of the tri-dong of Gwangju Bank 365ccpon in the direction of the tri-dong of Gwangju, the Defendant driving the said taxi as his duties, along the direction of the tri-dong.

While changing the three-lane course in order to board a guest who is on the right side of the front taxi platform, E-5 taxi operated by the victim D(56 years old) due to the negligence of changing the lane to the right side of the front line, and by the victim D(56 years old) who is proceeding three lanes from the rear side of the rear side of the steering course, string the steering gear rapidly toward the right side in order to avoid the collision with the above rocketing or other taxi, the victim F(50 years old), who is boarding the front side of the front line, suffered from the 2-day treatment of the victim and the above K5 taxi, and tried to escape without providing relief to the victim or taking necessary measures.

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1. Partial statement of the defendant;

1. Grade D of the protocol of interrogation of the accused by the prosecution;

1. Statement made to D by the police;

1. A written statement;

1. The actual survey report and on-site photographs;

1. For each medical certificate, each hospital set and investigation report (the details of medical treatment) by legal age;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

1. The punishment shall be determined by taking into account the following circumstances and the range of recommended sentences (one month to ten months of imprisonment) under Article 62-2 of the Social Service Order Criminal Act and the scope of punishment according to the sentencing guidelines for both types of punishment, and the circumstances unfavorable to the suspension of execution on the condition of community service: On the spot without checking the state of victims.