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(영문) 광주지방법원 2019.10.17 2019고단2571
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

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 who is engaged in the duty of driving B rocketing taxi.

On June 25, 2019, the Defendant, while driving the above vehicle at around 05:42 on June 25, 2019, brought the victim D (40 years of age) who is a taxi passenger on the front road of the Gwangju Northern-gu apartment.

In such cases, the defendant, who is engaged in the taxi driver's duty, has a duty of care to avoid accidents by emphasizing the front side and the left side and accurately operating the steering and brakes.

Nevertheless, in order to resist the defendant by negligence, the defendant neglected to do so, and caused the victim to continue to go beyond the road while driving away, regardless of the driver's driving away, and led the victim to go beyond the right side of the defendant's vehicle. The victim's breast part behind the right side of the vehicle was over the wheels of the defendant.

The Defendant, by such occupational negligence, sustained injuries, such as cage cages cages, etc., which require approximately four weeks of treatment to the victim, but failed to immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

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, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing period of Article 62-2 of the Social Service Order Act (the first offender), the criminal records of the accused, the nature and risk of the crime of this case, the background of the crime, the degree of the victim's damage and its recovery (the agreed with the victim), the family relationship, the health condition of the accused, the possibility of recidivism, and other various sentencing conditions specified in the records and arguments of this case shall be determined as the sentence as ordered.

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