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(영문) 대전지방법원 2015.01.07 2014고단3342
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 22, 2014, the Defendant driven the above taxi on September 22, 2014, and moved to a right-hand line along four-lanes from the four-lane to the four-lane from the four-lane to the four-lane from Daejeon Seo-gu, Seo-gu.

Since there is a crosswalk installed, there was a duty of care to make a right-hand by checking well the way of the right-on-way prior to the right-on-way.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by taking the front front part of the bicycle with the victim D (the age of 14) who was a victim of the above crosswalk according to the pedestrian signal at the time of the bypassing by negligence.

As a result, the Defendant suffered from a scarcity of a scarke wall that requires treatment for about two weeks, and at the same time, destroyed the bicycle owned by the victim to have approximately KRW 145,00,00, and escaped without taking necessary measures such as aiding the victim by stopping it immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. One certified member of the mutual aid association, and the application of statutes on written agreements;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The fact that there are records of having been punished several times for crimes related to the transport of reasons for sentencing under Article 62(1) of the Criminal Act, the fact that the taxi vehicles are subscribed to the taxi mutual aid association, the fact that agreement is reached with the legal representative of the victim.

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