(영문) 부산지방법원 2014.11.13 2014고정1736



Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.


Punishment of the crime

On November 6, 2013, at around 07:45, the Defendant driven a Cknife vehicle, and made the front intersection to turn to the left from the 3rd side of the Giju-Gongju-dong, Busan-gu, Busan-do.

Since a person engaged in driving of a motor vehicle is not allowed to overtake to the left-hand turn, there is a duty of care to ensure that the person engaged in driving of the motor vehicle is well aware of the traffic situation on the front side and the left side and safely drive the motor vehicle according to traffic flow, and the driver of the motor vehicle shall immediately stop the motor vehicle and take necessary measures, such as providing relief to casualties.

Nevertheless, the Defendant neglected this and followed the E-Wlured car of the victim, while passing ahead on the right side due to the negligence of passing ahead on the right side, left side of the vehicle in front of the right side of the said vehicle, followed by the Defendant’s failure to stop immediately after destroying the victim’s repair cost of KRW 316,00,000, and leaving away without taking necessary measures.

Summary of Evidence

1. Protocol of examination of the witness witness D;

1. Inquiries for fact-finding (attached CD)

1. The application of the general repair quotation [the defendant alleged that the accident was caused by the victim, but according to the evidence duly adopted and examined by the court, the accident in this case occurred in a series of processes where the defendant enters the second line by using the part outside the second line of vehicular road while leaving the intersection where the defendant's right to left is prohibited. Thus, the defendant's fault on the part of the accident is sufficiently recognized];

1. Relevant provisions of the Road Traffic Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the selection of criminal facts;

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

1. The Criminal Procedure Act;