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(영문) 대전지방법원 2015.09.18 2015고정1055

특정범죄가중처벌등에관한법률위반(도주차량)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 30, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court, and the judgment became final and conclusive on February 7, 2015.

The defendant is a person who is engaged in the operation of BYF rocketing vehicles for Chinese people.

On June 13:35, 2014, the Defendant driven the above passenger vehicle at a speed of 10km per hour, and stopped in order to settle the fare at the flive station of the Seocheon-gu, Ansan-gu, Seocheon-gu, Seoul, Seolcheon-gu, Seoul. 327.87km in order to settle the fee.

Since the location of the fee station is located, a person engaged in driving service has a duty of care to check the progress of the front vehicle and to accurately operate the steering and steering system and to safely proceed by controlling speed in advance.

Nevertheless, the Defendant neglected to do so by negligence, and led the victim C (Nam, 38 years of age) who entered the fare station from the front line of the course to the front part of the vehicle that was driven by the victim C (C). The Defendant moved back to the front part of the vehicle that was driven by the victim C (C, South, 38 years of age).

Ultimately, if the defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about 10 days due to the above occupational negligence, the defendant immediately stopped and escaped without any necessary measures, such as providing relief to the injured.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Each traffic accident report (1) (2) actual condition survey report;

1. Photographs of damaged vehicles;

1. A copy of a medical certificate and medical records of a victim;

1. Previous convictions: Application of the Acts and subordinate statutes submitting reference materials;

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 relevant criminal facts and the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;