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(영문) 서울동부지방법원 2016.01.14 2015고단3138
특정범죄가중처벌등에관한법률위반(도주차량)등
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 who is engaged in the operation of a taxi for B rocketing business.

On July 9, 2015, the Defendant driven the above taxi around 00:25, and proceeded at a speed of about 70 km per hour according to one-lanes of the Dop three-lanes in Seongdong-gu Seoul Metropolitan Government, 98.

At night and on the two-lanes of the road in which the defendant is driving, the motor vehicle has changed the course to the one-lane in which the defendant is driving. In such a case, the person engaged in driving the motor vehicle has a duty of care to reduce speed and accurately manipulate the steering gear and the brakes so as to prevent the accident from spreading.

Nevertheless, the Defendant neglected to operate the steering gear in order to avoid the above impergic vehicle and received the center separation unit of the steel system installed near the above impergic line as the front part of the imperg in front of the said taxi.

Ultimately, the Defendant, due to the foregoing occupational negligence, committed the injury to the victim C (V, 24 years old) and the victim D (V, 22 years old) on the back of the said taxi, respectively, by causing about two weeks of medical treatment. At the same time, the Defendant immediately stopped the central separation unit of the said iron system to be approximately KRW 1,335,600, and went away without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A report on traffic accidents and a survey report on actual condition;

1. Each medical certificate and opinion;

1. Written estimate;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the occupation of a fugitive vehicle after damage to his/her duties and property);

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

1. Selection of penalty;

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