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(영문) 서울북부지방법원 2019.09.05 2019고단2108
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B taxi.

On February 24, 2019, the Defendant driven the above taxi on February 23:25, 2019, and had the first letter in front of the Seoul Northern-gu C left the left at approximately 20 km speed from the schilling side to the chilling side.

At the same time, there are nights, and in this case, there was a duty of care to check whether a person engaged in driving a motor vehicle is only a pedestrian or a motor vehicle, and to safely drive the motor vehicle in order to prevent the accident in advance.

Nevertheless, the defendant did not discover the victim D (the age of 19) who was moving to the left from the right side of the defendant's vehicle due to negligence in the course of his duty and did not neglect his duty at the left, and received the part of the victim's left side bucks in front of the left side of the taxi of the defendant.

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc. in need of treatment for about three weeks due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim or providing personal information.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. A report on investigation (inspection, etc. of black boxes) and a report on investigation (Submission of a medical certificate);

1. A survey report on actual condition (1) and (2);

1. Application of Acts and subordinate statutes to recording notes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the mitigated area (6 months to one year) (a special person] mitigated from the mitigated area (a special person) after traffic accidents.

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