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(영문) 서울남부지방법원 2014.03.28 2014고단433
특정범죄가중처벌등에관한법률위반(도주차량)
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 one year 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 B taxi.

On January 23, 2014, the Defendant driven the above taxi on January 23, 2014, and proceeded again with the above taxi while driving the road of four lanes of 5-3 south-ro, Namyang Gas, Yangcheon-gu, Seoul, Seoul, with four lanes from the Guro to the Kimpo Airport at an insular speed, while trying to stop on the red signal and driving it again.

At the front of the road, there was an intersection in which crosswalks are installed, and thus, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person or a vehicle entering the road to reduce the speed and to see it well.

Nevertheless, when the defendant neglected this and proceeded without examining the front bank, he did not discover the victim C (the 67 years of age) who was walking a bicycle on the right side from the left side of the above crosswalk, and received the victim's bicycle in front of the above taxi.

Ultimately, even if the Defendant suffered injury, such as a dysium, etc., for about six weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

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, Article 268 of the Criminal Act and the choice of imprisonment with labor concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution (i.e., confession and reflect, joining the taxi mutual aid association, and reaching an agreement with victims);

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