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(영문) 서울남부지방법원 2013.10.30 2013고단2735
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving Category C rocketing taxi.

On July 7, 2013, the Defendant driven the said car at around 03:47, and driven the two-lanes of the three-lane road in Gangseo-gu Seoul Metropolitan Government Seogdong 24-92 ahead of Gangseo-gu, Gangseo-gu, Gangseo-gu.

At night, in such a case, the driver has a duty of care to reduce speed to those engaged in driving service and to safely drive the steering and brake system in a safe manner and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded as it was, and was driven in front of the Defendant’s vehicle by the victim D(55 years old) who temporarily stops in the front of the Defendant’s vehicle with a signal signal.

At the same time, the Defendant, by negligence in the above business, suffered from the victim F (F, who is the passenger of the victimized taxi) about two weeks of medical treatment, such scarcitys, etc. requiring approximately two weeks of medical treatment, and went away without taking necessary measures such as providing relief to the victims and confirming the degree of damage, even if the above damaged vehicle is damaged to the extent that it is equivalent to KRW 422,30,00 of the repairing cost, and immediately stopping the above damaged vehicle, and without taking necessary measures, such as providing relief to the victims and confirming the degree of damage.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A traffic accident report;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 53 and 55 (1) 3 of the same Act (the mitigation of damage is relatively minor, the taxi mutual aid association is admitted to the

1. Article 62(1) of the Criminal Act:

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