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(영문) 부산지방법원 2014.09.03 2014고단5000
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 who is engaged in driving of a private taxi B.

On April 29, 2014, the Defendant driven the above taxi on April 02:0, 2014, and led to the speed of about 30 km from the opening market to the speed of about 10 km of the 191-1 public security center located in the city of Busan to the speed of 191-1.

At the time, there was a duty of care to reduce the speed and to safely drive a motor vehicle driving person by checking well the front left, as the motor vehicle was getting off at night.

Nevertheless, the defendant neglected this and found the victim C (the 26-year old) who was unauthorized to cross the road on the right side from the left side of the taxi driving direction of the defendant's taxi due to negligence, and received the victim from the front side of the defendant's taxi.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as an unknown brain, which requires treatment for about three weeks, but immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. C’s statement;

1. A traffic accident report, a place of accident, photographs of an accident vehicle, a report on the occurrence of a traffic accident, or a photograph by cutting off a black stuff;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment with labor concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. In full view of the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act is that the defendant agreed with the victim; (b) the defendant has no criminal records other than fines; and (c) the defendant has no other criminal records; and (d) the defendant’s age, character and conduct

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