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(영문) 부산지방법원 2018.10.11 2018고정1372
특정범죄가중처벌등에관한법률위반(도주치상)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 who is engaged in driving a motor vehicle by borrowing C.

On June 1, 2018, around 06:15, the Defendant moved to the direction of the E-section in Busan Metropolitan City B, but the Defendant turned to the four-lanes of the four-lane road, e.g., the width of the department store from the area of the department store to the intersection of the annual acid.

Since there is an intersection where a signal is installed, the defendant engaged in driving service has a duty of care to reduce the speed, to live well on the right and the right, and to drive safely in accordance with the signals.

Nevertheless, due to the negligence of the defendant's failure to neglect this and the fact that the defendant's direction signal was changed to a stop signal, the defendant's driving of the victim F (49 tax) who was left left to the left from the Hanyang Round of the above intersection in accordance with the new code to the intersection of the Silsan intersection in accordance with the new code, led the victim's driving C, which was turned to the right side of the car, and turned to C, and received the front part of the car's left part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to occupational negligence as above, and at the same time, destroyed the victim’s car to cover repair costs of KRW 4,206,794, and escaped without taking necessary measures, such as immediately stopping the victim, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A written statement;

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes to a traffic accident report, report on the scene of an accident, photographs of the victim's vehicle, and report on investigation (Attachment of Babcs and videos);

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 concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (opportune selection);

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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