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(영문) 서울남부지방법원 2017.05.02 2017고단629
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (the award) is a person who is engaged in driving of Bone Star Co., Ltd.

On December 15, 2016, the Defendant driven the above vans around 20:23 on December 15, 2016, and driven the two-lanes in front of Geumcheon-gu Seoul Metropolitan Government C along the two-lanes from the remote distance in Germany to the German acid.

At the time, since it is at night, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by thoroughly performing the duty of full-time care.

Nevertheless, the defendant did not discover the victim E (at 39 years of age) who was waiting for a taxi on the right side of the road due to negligence while driving the taxi in his/her negligence and did not discover the victim E (at 19 years of age) and shocked the victim's left hand in front of the steering of the vehicle.

As a result, the Defendant, due to the above occupational negligence, suffered from the left-hand hand hand hand and the third hand hand hand of the 2 week medical care for the victim, but failed to immediately stop and take necessary measures, such as providing relief to the victim.

2. On the same date and time as paragraph 1, the Defendant violated the Road Traffic Act (unlicensed driving) driving a passenger car with 12 passengers aboard, without obtaining a Class 1 ordinary license from approximately 4.3km to about 80-gil 43, Geumcheon-gu, Seoul, Guro-gu, Seoul, for the roads adjacent to the Southern-ro, Dong-ro, Chungcheongnam-ro, Seoul, to the Jinsan-ro 80-ro, Geumcheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The driver's license ledger;

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 related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 of the Criminal Act for mitigation of amount;

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