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(영문) 인천지방법원 2014.09.04 2014고정1928
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Ck5 taxi.

On January 22, 2014, the Defendant driven the above taxi on January 19:35, 201, and moved to the right at the speed of 79 Do 1st head of the Seo-gu Incheon, Nam-gu, Incheon, through which it is impossible to identify the first road of the 79-do head of the Seo-gu, Nam-gu, Incheon.

In such cases, the driver has a duty of care to make a right-hand after checking the safety of the course by reducing the speed in advance and by checking the right and the right before the right-hand.

Nevertheless, the Defendant neglected to do so and caused by the negligence of the bypassing the center line, thereby coming from the opposite line to the direction of the Defendant’s proceeding. However, the victim D (W, 30 years old), who was trying to depart from the vehicle in the opposite line to the direction of the vehicle, received the upper part of the top part in front of the left side of the EM vehicle operated by the said taxi.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D, such as salt, tensions, etc. in need of medical treatment for about three weeks, and inflicted injury on the F (the 24 years old) who is the seater of the above marina vehicle, such as salt, tensions, etc., for about three weeks, and escaped without taking measures such as destroying the above marina vehicle to repair 596,866 won, even though it was damaged to repair 596,86 won, and immediately stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of each police statement of D, F and G;

1. Each written diagnosis and photograph;

1. Application of the Acts and subordinate statutes on taxi and damaged vehicle video CDs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the former Road Traffic Act (Amended by Act No. 12045, Aug. 13, 2013) concerning the crime;

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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