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(영문) 서울남부지방법원 2014.08.21 2014고단1645
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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 who is engaged in the duty of driving a taxi in B-ro as a taxi driver.

On March 12, 2014, the Defendant driven the above vehicle on March 12, 2010, and driven the road of the 222-lane front of the wooden apartment in Yangcheon-gu Seoul, Yangcheon-gu, 902, at an indefinite speed from the front king to the front west.

At the same time, there are many vehicles that are parked and stopped at the edge of a road, so the driver of a vehicle has a duty of care to maintain the distance to prevent the vehicle parked at the edge of a road by carefully examining the front and rear left situation of the road and to prevent the accident from facing the vehicle.

Nevertheless, the Defendant neglected to maintain the vehicle parked at the edge of the vehicle and the separation distance, and failed to maintain it, received the driving seat of the victim C(SM5 years old) who was parked at the right edge of the road, following the driver's seat of the victim C, who was parked at the right edge of the vehicle, and the pent part of the pent and the pent part of the defendant's driver's taxi.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt panions requiring treatment for about two weeks, and at the same time, the repair cost, such as the exchange of panions, destroyed the said car to the extent of approximately KRW 1,390,00,000, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to medical certificates and automobile maintenance specifications;

1. Article 5-3 (1) 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;

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation of crimes by the Defendant under Articles 53 and 55(1)3 of the Criminal Act are recognized and reflected.

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