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(영문) 서울중앙지방법원 2016.05.11 2016고단1605
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of 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 February 12, 2016, the Defendant driven the above taxi on February 12, 2016, and led the 467-17 Doe-dong, Gangnam-gu, Seoul to turn to the left at a speed of speed unspeed in the city, depending on one way among the three-lanes of the width of each salary tunnel in the open-dong.

In this case, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle in accordance with the signals by reducing the speed of the person engaged in driving the motor vehicle and keeping the front door well.

Nevertheless, the defendant neglected this and neglected to turn left, and the part of the bicycle right side driven by the victim D (13 ) who crosses the crosswalk from the open side of the pedestrian crossing in accordance with the pedestrian signals, which is driven by the defendant's driver, was shocked to the front part of the car of the defendant's driver, so that the victim exceeded the floor.

Ultimately, even though the Defendant received approximately two weeks of treatment from the victim due to the above occupational negligence, he did not take necessary measures, such as aiding the victim, but escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A criminal investigation report (video analysis);

1. A survey report on actual conditions;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor as an option for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In the case where a minor injury occurs (from June to October) in the mitigated area (the person who has been specially mitigated) (the person who has been specially mitigated) after a traffic accident, the mitigated area of the first type (the escape after the bodily injury). [the defendant] was punished by a fine prior to approximately 34 years.

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