Taxi Driver 'Retaliatory Injury' Motorcycle Delivery Worker Fined Double [Seocho-dong Legal Story]
Fine of 3 Million Won Summary Order Appeal
1st Trial "Mocking Legal Order" Fine of 7 Million Won
This is the story of a motorcyclist who ended up with a bigger problem while trying to solve a smaller one. On the morning of April 27, 2021, around 11 a.m., delivery worker A (53, male) was riding his motorcycle through Cheongdam-dong, Gangnam-gu, Seoul, when a taxi suddenly cut in front of him aggressively. It was a taxi driven by B, a driver in his 70s. Angered, A began 'retaliatory driving.' He moved back in front of B's taxi and drove slowly like a turtle, provoking him.
The traffic light turned red. B got out of his car and protested to A. During their argument, A hit B's face, and B grabbed A's arm. At that moment, A started moving again, dragging B along, who then fell and got injured. A left the scene without providing any aid.
The prosecution filed a summary indictment against A for assault and violation of the Road Traffic Act (failure to take measures after an accident). A summary indictment refers to the prosecution requesting fines or penalties through written examination instead of a formal trial. A was also charged with violating the Automobile Management Act for attaching a license plate taken from another motorcycle to his own. When the court issued a summary order imposing a fine of 3 million won, A objected and requested a formal trial. In court, he claimed, "I had no idea B was injured when he fell."
According to the legal community on the 1st, Judge Kim Bong-jun of Criminal Division 25 at the Seoul Central District Court sentenced A to a fine of 7 million won, stating, "A heavier sentence than the summary order is necessary." It is unusual to impose more than double the fine of a summary order in a formal trial requested by the defendant. Judge Kim said, "Watching the black box footage, A's motorcycle suddenly started moving, and B, who was holding onto A's arm, was momentarily dragged forward, lost his balance, and fell. It is impossible not to know this."
Judge Kim added, "Right after that, A turned his head to look back. He checked because he knew B might fall, and then looked back once more." He continued, "Considering the situation as a whole, A was fully aware that B was injured but left anyway," criticizing, "A bears heavy responsibility." He also held A accountable for attaching someone else's license plate to his motorcycle.
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Judge Kim stated, "Although taxi driver B also bears some responsibility for the incident, A has shown no remorse for his wrongdoing from the police investigation to standing in court now," and added, "A higher sentence is necessary for a defendant who lightly regards and mocks the rule of law and the judicial system." A did not accept the first trial verdict and appealed.
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