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(영문) 부산지방법원 2014.05.30 2014고단923
도로교통법위반(사고후미조치)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who drives a freezing vehicle of C1 ton.

On September 19, 2013, the Defendant driven the above vehicle on September 19, 2013, and moved directly from the front side of the fetus industry located in Gangseo-gu Busan Metropolitan City, Gangseo-gu, to the mouth room in front of the fetus industry.

At the time, the malfunction of the D Driving, which was going beyond the center of the road in the course, conflicts with the FM5 car of the E Driving that was driven prior to the Defendant’s driving vehicle, and the said driver’s D was driving before the driver, and the above vehicle of the Defendant’s driving following the vehicle was over D, resulting in the death at the site, and the Defendant did not immediately stop and take necessary measures, such as providing relief to casualties.

Article 54 (1) of the Road Traffic Act provides for the duty to take measures such as a driver in the event of death or injury of a person or damage to an article due to the traffic of a vehicle. Since the existence of negligence in traffic accident does not constitute the elements of the crime, the part which is irrelevant to the elements of the crime is corrected to be partially deleted.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to a survey report on actual condition, photographs related to an accident, motion picture at the time of the accident, and body autopsy report;

1. Relevant provisions of Article 148 and Article 54 (1) of the Road Traffic Act concerning criminal facts;

1. Selection of a fine, in consideration of all the circumstances, including the details of selective accidents involving punishment, circumstances after an accident, and the primary offender;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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