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(영문) 제주지방법원 2015.07.03 2015고정513
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in taxi driving service belonging to the Youngnam Transportation.

On March 20, 2015, around 13:30 on Jeju-si 49, the above taxi was stopped on the road in front of the Seoban Fisheries Market, and the U-Ston was trying to stop.

At this point, there is a lot of traffic volume and there is a center line with yellow solid lines, so the defendant engaged in driving of the motor vehicle has a duty of care that should not look toward the opposite lane by breaking the center line.

Nevertheless, the driver D(Nam, 25 years old) who was directly engaged in the opposite lane due to the negligence of unreasonable internship intending to board customers, caused the driver D(ma, 25 years old) to feel the risk of the accident and to be sleeped on the road.

The Defendant, by such negligence, destroyed property with a capacity of KRW 502,400 for repairing expenses, such as flabing flab, etc., and sustained injuries, such as salt flabsing, etc. on the part of the damaged part, which requires approximately two-day medical treatment, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 6 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The facts of crime are recognized and reflected, and the degree of injury of the victim is not much serious: the victim.

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