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서울북부지방법원 2013.11.28 2013고정1249
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of a private taxi.

On February 12, 2013, the Defendant driven the above taxi on February 03:07, while driving the main apartment in front of 1013-dong in Seoul Special Metropolitan City, Nowon-gu, the Defendant left the left part of the victim D (34 years old) and the body part of the said cab with the left part of the said cab and escaped without taking measures, such as providing rescue to the victim, by immediately stopping the said cab and leaving the cab in front of the 1013-dong road in Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. A medical certificate;

1. Application of CD-related Acts and subordinate statutes

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., the fact that the degree of injury to the victim is not relatively much serious, and that the victim has agreed smoothly with the victim, taking into account circumstances favorable to the defendant);

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

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The main points of the assertion are not caused by the instant accident, but rather by the snow sleeped around December 2012, and even if the wound is caused by the instant accident, it cannot be assessed as “injury” under Article 257(1) of the Criminal Act. Thus, the Defendant does not constitute a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Defendant.

2. "Measures provided for in Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as aiding a victim, shall not be taken as provided for in Article 54 (1) of the Road Traffic Act.

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