logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.12.28 2017고단3188
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 operation of Cstststa taxi.

On August 22, 2017, the Defendant stopped in order to set off the victim D (n, 29 years of age) who is a taxi passenger in front of the library of the Asan Hospital located in 43-gil 88, Songpa-gu, Seoul, Songpa-gu, Seoul, in order to get off the taxi (n, 29 years of age).

At this time, the victim was opening a back door of the taxi to pay the taxi fee while getting off the taxi and getting off the taxi, and the body was on the card payment terminal in the taxi while in the taxi.

In such cases, a person engaged in driving of a motor vehicle shall not cause any danger to passengers by starting a motor vehicle before passengers completely get off, and there was a duty of care to prevent accidents that may occur in the course of getting out of the motor vehicle by accurately manipulating brakes, etc.

Nevertheless, the Defendant neglected to do so and went to the left side of the victim's vehicle with the back wheels of the above vehicle due to negligence.

Ultimately, even though the Defendant got about three weeks of medical treatment on the part of the victim due to the above occupational negligence, he did not take measures such as aiding the victim, but escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

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 and Article 268 of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) is that the instant crime was committed against the victim in breach of the duty of care that the taxi driver should observe when the passenger gets off.

arrow