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(영문) 부산지방법원동부지원 2020.08.26 2020고정49

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On October 2, 2019, the Defendant driven the above car on October 2, 2019, and proceeded along the two-lanes from the new Triri-distance to E in front of the road located in Suwon-gu, Busan, the Defendant changed the two-lanes into one-lanes.

At the time, there was a new wall time to get off the vehicle, and there was a lot of passage of the vehicle, so in such a case, the driver of the vehicle has a duty of care to operate the direction direction, etc. in advance while accurately operating the front and the right and the right of the vehicle, and operating the operation of the direction, etc. in advance, giving prior notice of change of course and change of the lane.

Nevertheless, the Defendant neglected to do so and proceeded as it is, while proceeding with the Defendant, was able to see the part after the Defendant’s Gtota Camp vehicle in the first way, following the Defendant’s car in the middle of the driver’s seat.

Ultimately, due to the above occupational negligence, the Defendant sustained injury to the Victim H (V, 56 years old) on board the back of the damaged vehicle, such as light dynasium and tensions, which require approximately two weeks of treatment, and at the same time, the Defendant did not immediately stop the damaged vehicle and run away without taking necessary measures, such as aiding and abetting the victim, even though the Defendant destroyed the damaged vehicle to the extent that the repair cost is equivalent to KRW 2,003,50, such as exchanging the damaged vehicle, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. The actual survey report on traffic accidents;

1. A report on internal investigation (Attachment of a report on transfer and diagnosis of the case), internal investigation report (Attachment of a written estimate for maintenance of a motor vehicle for damage), internal investigation report (specific person suspected), investigation report (Attachment of both motor vehicles and field photographs), investigation report (Attachment of both motor vehicles and field photographs), and photographics attached thereto;

1. The arguments of the defendant in the seizure record and the list of seizure records shall be considered as traffic accidents;