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(영문) 울산지방법원 2015.12.17 2015고정1462

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 07:20 on June 19, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a C rocketing car without obtaining a driver’s license from the 21st century hospital front of the 21st century hospital located in the same Dong from Jun. 19, 2013.

2. The Defendant is a person engaging in driving a rocketing car.

On June 19, 2013, the Defendant driven the above car at around 07:20 on June 19, 2013, and proceeded bypassing the two-lane road in front of the coolant distance in the New-dong, Ulsan-gu, Ulsan-do.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to safely operate the vehicle in accordance with the signals by reducing the speed and by properly examining the right and the right of the driver.

Nevertheless, when the defendant neglected this and proceeded with the stop signal as it is, the defendant was driven by the victim D (W, 48 years old) who dried the crosswalk according to the Roman pedestrian signal.

As a result, even though the defendant suffered from an injury, such as an infection, which requires three weeks of medical treatment, the defendant escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident site;

1. The driver's license ledger;

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

1. Article 152 subparagraph 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 152 and Article 43 of the Road Traffic Act (the point of driving without a license), 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 Criminal Act.