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(영문) 부산지방법원 2019.02.20 2018고단4387
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a horse set car B.

On March 30, 2017, the Defendant driven the above car on March 21, 2017, and proceeded with the delivery of the bicycle lane to enter the roadway to which C is to go on the side at the 1636 parking lot of the Geum-gu, Busan.

At the time, in order to enter a roadway from the above parking lot, the sidewalk and the bicycle lane should be passed, so a person engaged in driving a motor vehicle has a duty of care to stop temporarily before entering the sidewalk and the bicycle lane and to prevent accidents in advance by safely driving the front left by checking well whether there are pedestrians or bicycles passing through the sidewalk and bicycles.

Nevertheless, the Defendant failed to discover the bicycles driven by the victim D (year 13) who was driven by the bicycle lane at the same place due to negligence by neglecting his duty of care to examine well the left and right of the car, and did not discover the bicycles that were driven by the victim D (year 13). The front part of the said bicycle was received by the front part on the right side of the said car, and the victim got the front part of the said bicycle above the floor, due to the corresponding shock.

Ultimately, even though the Defendant suffered injuries, such as dump, etc. in the detailed part of the growth that requires treatment for about two weeks by occupational negligence, the Defendant escaped without taking measures, such as aiding and abetting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The actual survey report on traffic accidents;

1. In the investigation report (on-site inspection of the accident site), the defendant's vehicle shocked the victim's bicycle, and the victim fell on the part of the motor vehicle.

Considering this point, the defendant should be asked whether he is fine or not to be fine to the victim, so that he should not be blicked, and the victim should be forced to go to the hospital.

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