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(영문) 부산지방법원 2016.04.07 2015고정4777
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

On October 14, 2015, the Defendant driven a low-speed car at C, around 09:10, and proceeded to turn to the left at a speed of about 10km per hour at the speed of about 10km of the city, driving a road under the bottom of the Pyeong elementary school located in the city of Busan-gu, Busan-do.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in a manner that impedes and impedes others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the Defendant neglected this and proceeded to turn to the left immediately without examining the right side properly. However, the Defendant continued to go to the right side from the right side of the Pyeong elementary school to the JTS125 Obbaon on the road floor of the victim D(16 tax, south) who was rapidly driven by the Defendant in order to avoid collision with the Defendant’s driver’s vehicles.

As a result, the Defendant, by negligence in the course of business, sustained injury to the victim, such as a dubball, etc., which requires the right-hand care for about five weeks, and at the same time, destroyed the damaged dubine in an amount equivalent to KRW 2,960,000, and escaped without taking necessary measures, such as providing relief to the damaged person by immediately stopping the vehicle.

1. Entry of the defendant in part in the first trial record;

1. Legal statement of the witness D;

1. Reports (1), (2) on traffic accidents;

1. A report on internal investigation (in-house investigation), a photograph of the damaged stobane, and a report on investigation (including external investigation and field photographs);

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the time after the accident occurred).

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