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(영문) 서울북부지방법원 2017.11.03 2017고합390
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 July 18:40 on July 7, 2017, the Defendant driving the above taxi and driving the two-laned roads in front of Dongdaemun-gu Seoul Metropolitan Government D along the two-lanes from the shooting distance room of Dongdaemun-gu Police Station to the blue-ri basin.

At the time, there was a fluoral error, and there was a center line of yellow solid lines, so a person engaged in driving motor vehicles has a duty of care to make a safe internship at the point of permission for the internship.

Nevertheless, the defendant neglected this and caused the victim E (58 taxes) who has driven a motor device in accordance with two lanes from the opposite direction due to the negligence by the snicking the central line at a place other than the U.S. permitted place for internship, thereby getting the victim E (58 taxes) who has driven the motor device rapidly, to go beyond the narrow road due to the expenses.

The Defendant, by negligence in the above occupational negligence, suffered injury to the victim, such as the right shoulder for about two weeks in need of treatment, and at the same time, escaped without immediately stopping the bicycle so that the 333,000 won of repair is damaged, and without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident fact-finding report, a written statement, a quotation, and a black image CD;

1. Report on internal investigation (G telephone communications);

1. Extent and degree of injury in judgment: Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 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 (the occupation of non-measures after traffic accidents)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Reasons for sentencing of Article 62-2 of the Criminal Act.

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