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(영문) 부산지방법원 2015.11.10 2015고단5161
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaging in driving a rocketing taxi.

On May 13, 2015, at around 04:34, the Defendant continued the front way of the D funeral hall located in the north-gu Busan, Busan, along the four-lane distance from the side of the death to the Gupo-distance.

At the time of night, a person engaged in driving of a motor vehicle had a duty of care to safely operate the steering gear by accurately manipulating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering direction and brakes, and caused the victim E (the age of 51) who was cleaned on the side of the above road, to go beyond the road, by shocking the front wheeler of the above taxi.

Ultimately, even though the Defendant suffered from injury, such as a pelvis and a pelvise, etc., due to the above occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement in the occurrence of each traffic accident by F and G;

1. A medical certificate;

1. Application of the traffic accident reporting Acts and subordinate statutes;

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 committed;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the reflection, self-denunciation, agreement, etc. of the accused);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] : The first type of escape after traffic accidents (the escape after bodily injury) (the special mitigation) (the number of persons under special mitigation) and the number of persons under special mitigation (the number of months to October) and the number of persons not subject to punishment (including the serious efforts to recover damage);

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