beta
Text
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a person engaged in rocketing taxi driving service.
On June 27, 2017, the Defendant stopped in order to get off the Victim F (64 years) who is a passenger while driving the above taxi at around 01:26 and driving it on the front side of the E on the road located in Jeju-si. D. In order to get off the victim F (64 years of age).
The defendant, without paying the taxi fee, demanded the victim who intends to leave the taxi to open a window and to request money, but the victim was moving back to the taxi in front of the taxi in order to disregard the road.
In such cases, a person engaged in driving a vehicle must check whether he/she is not another person in the vicinity of the vehicle before departure from the taxi, and in particular, since the damaged person moved in front of the taxi in order to build the road, he/she should have checked whether the victim is keeping a sufficient distance from the taxi, and even when starting the taxi, he/she has a duty of care to prevent accidents, such as operating a speed system in preparation for accidents.
Nevertheless, the Defendant neglected to perform the above duty of care and caused the victim’s left side of the taxi driving direction to go on the right side of the taxi due to negligence.
Although Defendant 1 suffered a loss of the left side of the instant 7-day medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes on a written request;
1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and selection of fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order