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(영문) 부산지방법원 2016.06.09 2016고단1907
특정범죄가중처벌등에관한법률위반(도주차량)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B rocketing taxi.

On March 27, 2016, the Defendant driven the above taxi on March 27, 2016 at around 00:06, and installed a crosswalk that does not contain any signal, etc., in moving the D cafeteria in front of the D cafeteria in Busan, from the direction of the audit road to the right speed, and pedestrians pass the crosswalk, and thus, pedestrians should temporarily stop in front of the crosswalk so as not to obstruct pedestrians' crossing or endanger them. However, the Defendant neglected to stop on a temporary basis in front of the crosswalk, while driving the above taxi on the right side of the victim E (32 ) walking along the crosswalk in front of the above taxi, and caused the victim to go beyond the road.

Although Defendant 1 suffered from an injury to a diversal coordinate, etc., which requires approximately three weeks of medical treatment due to the foregoing traffic accident, Defendant 2 stopped immediately and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. (1) (2) and a traffic accident report;

1. Each investigation report (record 48, 55 pages);

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant 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 and the selection of punishment;

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

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

4. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend (the scope of recommended punishment) [the scope of punishment] of mitigation area (from June to October), mitigation area (including efforts to recover damage) [the person subject to special mitigation] of punishment (including efforts to recover damage] [the decision of sentence] that the defendant agreed smoothly with the victim, and that the defendant was punished for a violation of the Road Traffic Act or the same kind of crime.

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