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(영문) 춘천지방법원 강릉지원 2015.02.11 2014고단1136
특정범죄가중처벌등에관한법률위반(도주차량)
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 a person engaged in driving a taxi of CYF Launta.

On November 13, 2014, at around 06:25, the Defendant driven the above taxi, and led to turn to the left of the right of the bar in the direction of a lot of alcohol at the seat of the Gangseo-si Public Health Center.

At this point, there was a red flickering flashing light, so there was a duty of care to safely enter the intersection without any interference with other traffic by temporarily stopping the front section and the left and the right by temporarily stopping prior to the entry into the intersection, and accurately operating the steering direction and the brake system.

Nevertheless, the defendant neglected the duty to turn to the left without neglecting his/her duty, and conflict with the victim's bicycle front wheel part of the victim D(65 years old) driving in the direction of a valley in the front side of the taxi driving by the defendant, leaving the victim over the floor.

Ultimately, even when the Defendant inflicted an injury on the victim, such as salt, tension, etc. in need of treatment for about two weeks due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Medical Certificate (D) 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 and the choice of imprisonment with prison labor;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. The reasons for sentencing of Article 62-2 of the Criminal Act on probation and lecture attendance order are that the defendant acknowledges his mistake and repents, and the degree of injury to the victim seems not to be serious, and the victim has joined the mutual aid association and agreed with the victim.

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