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(영문) 부산지방법원 동부지원 2014.07.17 2014고단679

특정범죄가중처벌등에관한법률위반(도주차량)등

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

The defendant is a person who drives a taxi for business use B.

On March 3, 2014, at around 23:45, the Defendant: (a) driven a rocketing taxi, and (b) got four-lanes of the fourth line road in front of the mobilization bus apartment, which is located in the Namcheon-dong of Busan, through the front side of the Jancheon-gu, Busan, into the front side of the order of direction, etc., by a occupational negligence, the Defendant changed the first lane to the same direction as that of the victim C driving in the same direction on the left side of the Defendant’s vehicle, without looking well at the rear direction, and without turning on the direction direction, etc. in the front side of the mobilization bus apartment.

The Defendant, by such occupational negligence, sustained injury, such as a dubing of a dubs, etc. on the right-side part of the victim in need of medical treatment for 12 weeks, and at the same time, escaped without taking necessary measures, such as providing relief to the victim, even though he/she damaged 1,059,000 won of repair fees.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Application of the written estimate statutes;

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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

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

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (i.e., taking into account the following factors: (a) the fact that an accident site was returned to the accident site, the fact that an agreement was made with the victim, the fact that there was no record of punishment, and the fact that a mistake is recognized);

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