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(영문) 울산지방법원 2017.01.19 2016고단4435

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On November 7, 2016, at around 05:18, the Defendant driven a car by driving the car, and led to the intersection at the entrance distance of the 1425 Won-dong Hyundai Apartment to the north-gu industry in Ulsan-gu, Ulsan-dong, Seoul-dong.

Since there is a place where a signal, etc. is installed, the driver of a motor vehicle has a duty of care to check whether a person engaged in driving the motor vehicle has a motor vehicle traveling along the intersection by reducing speed and checking well the side, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected to turn to the left without reducing the speed in violation of the signal and caused the victim to go over the floor by taking the victim's E-baba in driving the victim D(43 ) who was going to the new return distance from the edge of the e-mail on the e-mail of the e-mail.

As a result, the Defendant caused the victim to suffer bodily injury, such as cutting the upper right 7 times in the 12 week in light of the above occupational negligence, and, at the same time, did not take necessary measures, such as aiding the damaged person, even though the Defendant destroyed the above 12 week in order to repair the 2,541,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

1. Each report on investigation;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to data concerning operating an intersection;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (opportune selection);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order