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(영문) 부산지방법원 2014.09.26 2014고단5786
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a taxi for business use C.

On May 10, 2014, the Defendant stopped on May 20, 2014, in order to get the victim D (V, 68 years of age) from the second lane of the Saemaeul Undong located in the Busan Jin-dong, Busan, to get the victim D (V, 68 years of age) as a passenger.

In this case, there was a duty of care to check thoroughly whether a person engaged in driving of a motor vehicle is passengers and to take necessary measures to ensure that a person on board a motor vehicle is not deprived of his/her passengers by starting safely.

Nevertheless, the defendant neglected this and got the victim who was on the back seat of the taxi to go beyond the road due to negligence.

As a result, the Defendant suffered from the Defendant’s occupational negligence with approximately two weeks of injury to the right-free knee-deed knee-deed salt.

(hereinafter “instant accident”). Summary of evidence

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to a medical certificate, a domain, and a survey report on actual conditions;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Selection of an alternative fine shall be made, but the amount thereof shall be determined in consideration of the defendant's occupation, degree of negligence, degree of damage to the victim, circumstances after the crime, etc.;

1. The summary of the charge of this case, which is a non-violation of Articles 70(1) and 69(2) of the Criminal Act, is that “the defendant, by occupational negligence in the judgment of the court, escaped without taking necessary measures, such as aiding and abetting the victim,” as stated in the judgment.

"When a driver runs away without taking measures under the provisions of Article 54 (1) of the Road Traffic Act, such as aiding a victim, etc." as provided in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, although the driver involved in the accident recognizes the fact that the victim was killed

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