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(영문) 서울남부지방법원 2013.04.03 2013고단633
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 drives B's low-income motor vehicle.

On December 30, 2012, the Defendant: (a) while under the influence of alcohol of 06:35% of blood alcohol concentration, the Defendant was negligent in performing his/her duty of front-down while driving the said franchise with four-lanes of the five-lane road located in the city interest distance in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, the Defendant was negligent in performing his/her duty of last-time navigation on the side of the city interest distance; (b) while he/she was negligent in performing his/her duty of last-time navigation on the side of the city interest distance; (c) in order to get off customers on the five-lane road, the lower part of the back part of the victim C(67 years old) driving of the Dabanon-si, which was stopped to get off customers on the right side of the car.

Accordingly, the victim E (the 23 years old) who was on board the said taxi had the victim C suffer from the injury of catitis, etc. which requires treatment for about 3 weeks, and the victim F (the 23 years old), who is another passenger, suffered from the injury of catitis, etc. which requires treatment for about 3 weeks, and at the same time, the victim F (the 23 years old) suffered from the catal coordinate, etc. in need of treatment for about 2,703,116 won, while leaving the said rocketing taxi to stop immediately, without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Report on detection of, and investigation into, a host driver (official application of the Ba mark);

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, 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 (the point of failing to take measures after causing damage to the article);

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

1. Selection of each sentence of imprisonment;

1. Article 62(1) of the Criminal Act provides that the defendant is the first offender and is against his mistake, and comprehensive insurance.

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