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(영문) 부산지방법원 2019.09.04 2018고단5816
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2018 Highest 5816]

1. On October 6, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Act on the Road Traffic (U.S.) driving a BK5 car around 04:05, and driving a BK5 car in Busan East-gu, a two-lane road inside the “Maduk-gu Tunnels 2 Tunnels” located in the hot spring dong-gu, Busan, along the direction of the J.S. intersection.

There is no change in the lane because the restricted speed inside the tunnel is 60km per hour and white solid lines are maintained, so a person engaged in driving of a motor vehicle is prohibited from driving the motor vehicle while the driver's license is suspended, and has the duty of care to ensure that the driver should not drive the motor vehicle, comply with the duty of prohibition on the speed and the change of the lane, and perform the duty of care on the duty of care on the road thoroughly.

Nevertheless, the Defendant neglected to do so and proceeded at approximately 104 km a speed exceeding a speed of 40 km per hour when the driver’s license was suspended, and the Defendant was at the right turn to change the lane due to the negligence that found the victim C(the 62-year-old taxi)’s driving of the victim C(the 62-year-old taxi at the front of the Defendant at the speed of 104 km a speed higher than that of the driver’s license, and did not reduce the speed, and led the victim’s driver’s driver’s license to turn to the right right right side while operating the Hand rapidly after receiving the Hand’s seat. However, the Defendant was at the right side of the victim’s taxi without lowering the speed.

On the other hand, the defendant's car continued to stop on the right side after receiving more parts behind the left side of the taxi being pushed down in the future due to the first shock.

Ultimately, the Defendant, by the above occupational negligence, suffered injury to the victim, such as a thring of the upper thring of hand, which requires treatment for about six weeks, and at the same time, damaged the above taxi owned by the victim to the extent that the repair cost of KRW 7,578,019, such as the exchange of the preceding panion, etc.

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