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(영문) 인천지방법원 2013.10.31 2013고단3470
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaging in driving a rocketing taxi.

On May 30, 2013, at around 03:35, the Defendant proceeded at a speed of 40 km each hour from the south-gu Incheon Metropolitan Council, the third side of the road in front of the official oil station, which is located in the 309-14, Nam-gu, Incheon Metropolitan City.

In such cases, the driver has a duty of care to check and proceed with the safety of the course by checking the right and the right and the right of the driver, and to prevent the accident from occurring.

Nevertheless, the Defendant failed to discover the victim E (the age of 22) who was in the two-lanes due to the negligence of neglecting this, and did not discover the victim E (the age of 22) and caused the victim to fall into the ground by receiving the victim's body part in front of the left side of the said taxi.

Ultimately, even though the Defendant suffered injury, such as cerebrovasin, etc., to the victim for about three weeks of medical treatment due to 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. Statement to E by the police;

1. 실황조사서, 현장 사진, 각 블랙박스 켑쳐 사진

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. Mitigation of discretionary work: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Jan. 2, 2009);

1. Article 62 (1) of the Criminal Act on the suspended execution.

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