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(영문) 서울북부지방법원 2016.09.01 2016고단2530
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 engaged in driving a village bus belonging to a non-furnal corporation.

On May 13, 2016, the Defendant was driving the above village bus around 07:13, and the Defendant was driving the side road in front of the Gangseo-gu Seoul Metropolitan Government (Seoul Metropolitan Government) toward the direction of the shooting distance from the Han apartment direction.

At the same time, there is a person who has the right side in order to board the village bus at the time, and thus, the person engaged in the service of operating the village bus has a duty of care to safely drive the bus by making it possible for the person engaged in the service of operating the village bus to live well on the front side and right side side.

Nevertheless, the defendant neglected the right side of the village bus and caused the victim to go beyond the road by shocking the left side of the victim F (W, 18 years old) with the front side of the village bus where the defendant drives, in order to get out the village bus in the right side by negligence by the bypassing the right side as it is.

Ultimately, even if the Defendant suffered injuries, such as salt pans, etc. in the part of a neck that requires medical treatment for about three weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A G statement and a statement of cases of GF;

1. 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of recommendation and the criteria for suspension of execution according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62(1) of the Criminal Act, the fact that the defendant has no record of any other crime than the past generated before 20 years, and the defendant.

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