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(영문) 부산지방법원 2015.09.23 2015고단1523
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

1. The Defendant is a person engaged in driving a motor vehicle in Category C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment).

On December 13, 2014, the Defendant driven the above tower on the 14:35th of December 13, 2014, and proceeded ahead of the Empt D in Busan, at an indefinite speed from the right intersection to the entrance of the lower market.

Since there was a road where the distinction between the sidewalk and the roadway is unclear, there was a duty of care to check whether the cargo partitions is properly closed so as not to obstruct the pedestrian traffic for the driver of the vehicle, and to safely drive the front line and prevent the accident in advance.

Nevertheless, the defendant neglected this and proceeded with the above cargo space due to negligence without properly closing the cargo space, while the above cargo space was opened, and the victim F (50 years old) who walked on the right side of the direction of the defendant's proceeding was faced with the right head and the arms.

Ultimately, even though the Defendant suffered injury to the victim, such as the impairment of bodily integrity, which requires two weeks of treatment due to the above occupational negligence, immediately stopped and escaped without taking measures, such as aiding the victim.

2. On December 13, 2014, at around 14:35, 2014, the Defendant driving a vehicle in Category C 2 without obtaining a driver’s license from the front side of the new subway base station located in 140, Seo-gu Busan Metropolitan City, Seo-gu, Busan, Busan, to the front side of the E-ray located in the same Gu.

Summary of Evidence

1. The defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A statement of occurrence of a traffic accident prepared by the F;

1. Traffic accident report, traffic accident-related photographs, and traffic accident;

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