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(영문) 서울중앙지방법원 2016.11.30 2016고단7599
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaged in driving a rocketing taxi vehicle.

On April 17, 2016, the Defendant driven the above taxi on April 17, 2016, while driving it along two-lanes from the opposite intersection to the opposite intersection of the Young River as Seoul Gangnam-gu Seoul.

At night, the driver of a motor vehicle had a duty of care to safely drive the motor vehicle by reducing the speed of the motor vehicle at night. In such a case, the driver had a duty of care to safely drive the motor vehicle while preventing accidents due to smoke while keeping the situation of the front, rear, and left traffic well.

Nevertheless, the Defendant neglected this and followed the Defendant’s negligence in driving at four-lanes of the victim E(56 years old) driving in the direction of the Defendant’s vehicle driving. The Defendant shocked the part of the driver’s seat of the Defendant’s vehicle in front of the right side of the Defendant’s vehicle. The victim’s vehicle returned to its shock, and wheeled the two wheel days in the center line.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim E, such as brain-dead sugar, etc. in need of medical treatment for about three weeks, sustained injury on the part of G (36 years of age) who is the passenger of the victimized taxi in need of medical treatment for about four weeks, such as salt, tension, etc., at the same time, destroyed the damaged vehicle to have an amount equivalent to KRW 8,503,430, and escaped without taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. The actual condition survey report;

1. Application of each written diagnosis, written estimate of general repair expenses, and each photographic statute;

1. Article 5-3 (1) 2 of the Act on the Aggravated 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 committed;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The defendant's driving under Article 62 (1) of the Criminal Act.

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