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(영문) 대구지방법원 2014.04.10 2013고단6555
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 engaged in private taxi driving of C5 cars.

On September 16, 2013, the Defendant driven the above vehicle at around 00:30, and driven the front road of the members of the E branch in Daegu-gu D along three-lanes from the southwest-gu Market and the southwest-gu.

At the time, the victim F (the age of 63) was driven by the victim F (the age of 63) who was driven in the same direction, and the driver was followed by the corporation taxi of the G K5 car, and therefore, the driver had a duty of care to ensure the safe distance that would be avoided when the vehicle stops.

Nevertheless, the defendant's negligence is driving ahead of the same mail lane due to the negligence of driving too close.

The part of the damaged vehicle, which stops to board passengers, was left behind the left side of the damaged vehicle and the front side of the Defendant's vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as light fat, etc. requiring medical treatment for about two weeks, and at the same time, the repair cost of approximately KRW 501,426, was destroyed to the extent that the said taxi was damaged, and escaped without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Written estimate;

1. On-site photographs and photographs of damaged vehicles;

1. Application of the Act and subordinate statutes to the inquiry report;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.

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