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(영문) 서울남부지방법원 2016.02.04 2015고단5194
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Doz car.

On May 19, 2015, the Defendant driven the above car at around 01:05, and proceeded along the front of the new bank located in 226, as Geumcheon-gu Seoul, in accordance with the Geumcheon-gu Seoul Metropolitan Government Siroporo, along the six-lane distance from the string side to the 7-lane distance from the string side of the city interest.

At the time, the Defendant, prior to the same direction, was followed by the rear of the victim E (42 tax) drive, and thus, the person engaged in driving service had a duty of care to ensure and keep the safety distance available to avoid when the said taxi stops.

Nevertheless, the above taxi stopped due to the negligence of driving a vehicle in the vicinity of the above taxi due to the suspension of signal at the front of the defendant's vehicle, and tried to escape without taking necessary measures, such as providing rescue to the injured party E, such as light spawal spawal spawal, which requires approximately two weeks of treatment to G (31) boarding the above taxi, which is in need of approximately two weeks of treatment, while getting about 2 weeks of treatment to the same H (25 years of age) and immediately stopping to the same H (25 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written statement of G and H prepared;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommending punishment] that there is no basic area (from August to January 6) (the person subject to special sentencing) (the person subject to special sentencing] [the defendant committed the instant crime], and the background leading up to the instant crime, and the defendant committed around 2010.

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