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(영문) 부산지방법원 2015.05.11 2014고정2013
특정범죄가중처벌등에관한법률위반(도주차량)
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Defendant shall be punished by a fine of KRW 4,000,000.

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 the business of driving Cone Star Vehicles.

On January 6, 2014, the Defendant driven the above vehicle at a speed of time on the 23:30th of January, 2014, and driven the front road of Busan Jin-gu, Busan at the intersection of the chamber of commerce and industry at the speed of speed of the speed of the hour, depending on the one-lane of the chamber of commerce and industry.

Since the place has a crosswalk without signal lights, in such cases, there was a duty of care to prevent accidents in advance by looking at there is a person who gets involved in driving of a motor vehicle by reducing speed and by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant failed to discover the victim E (the age of 59) who was standing a crosswalk from the right side of the running direction of the vehicle due to his negligence and did not discover the victim E (the age of 59) and had the front part of the above vehicle go beyond the floor by taking part of the victim's left body part.

Ultimately, the Defendant, by such occupational negligence, sustained injuries, such as knee knee kneeing, etc., to the victim E, but failed to immediately stop and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by witnesses E in the third protocol of the trial;

1. The results of the CD reproduction;

1. A copy of a note;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the same Act concerning criminal facts and the selection of fines;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., that the victim expresses his/her intention not to have the criminal defendant punished by an agreement with the victim);

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The defendant and defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order

1. The defendant and his defense counsel;

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