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(영문) 부산지방법원 2014.12.12 2014노3623
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. After the occurrence of the instant traffic accident, the Defendant was found not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) even though the Defendant did not take measures, such as aiding the victim and aiding the victim, and did not know the victim of false information on the name of the taxi company to which the Defendant belongs, the number of the Defendant driving vehicle, the name of the Defendant,

Therefore, the court below erred by misapprehending the legal principles on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

B. The sentence of a fine of KRW 2 million imposed by the court below on the defendant is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. On May 10, 2014, the Defendant, while driving a taxi for business use at around 20:10 on May 10, 2014, was stopped in order to get the victim D (n, 68 years of age) on the two-lanes of the second line road of the community credit cooperative located in the Busan Jin-dong, Busan, for passengers.

In such a case, despite the duty of care to thoroughly check whether a person engaged in driving of a motor vehicle is passengers or not, and to take necessary measures to ensure that a person on board a motor vehicle is not free from driving by departing from a safe place, the defendant, while neglecting the duty of care, went beyond the road to the victim on the back of the taxi due to negligence, thereby causing the victim to suffer from the injury of the right kne kne-shne-shne-shne-shneing seat, and escape without taking necessary measures, such as providing relief to the victim.

B. According to the records, the lower court determined that ① immediately after the Defendant paid the instant accident, the victim was on his taxi and taken a radioactive photograph as a nearby E Hospital.

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