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(영문) 수원지방법원 2019.06.14 2019고합130
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 the duty of driving B taxi.

On September 26, 2018, the Defendant driven the above taxi on September 23:15, 2018, while driving the four-lane road in Suwon-si C along the four-lane road in front of Suwon-si, Suwon-si, according to one-lane distance from the boundary of the agricultural and fishery product market shooting distance, and making a U-turn in order to proceed to the opposite line. Since there is a place where the median line is installed, the Defendant has a duty of care to make a U-turn at the place where the U.S. driver is permitted.

Nevertheless, the Defendant neglected this and interfered with the course of the off-to-land driven by the victim E (the age of 25) who was driving along the two lanes from the opposite line due to the negligence of the U.S., and caused conflict with the steel structure installed on the sidewalk by the victim and the U.S., in order to avoid the collision, while the victim immediately handles the hand-on hand to the right side in order to avoid the collision.

As a result, the Defendant suffered injury to the victim, such as Dam tymal tymposis, which requires treatment for about two weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Partial statement of witness E;

1. Statement of traffic accident-related person;

1. Blucs and video materials;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Fines of 50,000 to 20 million won;

2. The sentencing criteria are not applicable as the fine has been selected.

3. The defendant who is sentenced to sentence shall be permitted to appear.

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