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(영문) 울산지방법원 2015.12.01 2015고정1687

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 driving of a motor vehicle B in New Daily.

1. On August 28, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and around 07:15, the new market distance at the center of Ulsan-gu, Ulsan-do, the said vehicle was driven at approximately 50 kilometers at a speed of 2 lanes, one way from the Ulsan-do, Ulsan-do, to the Ulsan-do, and one way from the Ulsan-do, the view room.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and operating the steering system.

Nevertheless, the defendant neglected to do so and is driving.

When the defendant was driven by the front driver of the above vehicle, the victim C (ma, 37 years old) who is in the atmosphere of the signal at the right-hand left-hand line of the vehicle.

As a result, the Defendant suffered injury to the victim C, such as salt, tension, etc., in need of two weeks of medical treatment, and escaped without taking necessary measures for traffic accidents.

2. The Defendant violated the Road Traffic Act (unclaimed Measures after Accidents) destroyed the victim’s vehicle repair cost of KRW 949,00 after the victim’s vehicle due to the same accident as stated in paragraph (1) and escaped without any measure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. A traffic accident report;

1. The register of car driving licenses (B) and the register of car driving licenses (A);

1. Written estimate (D) and written diagnosis (C);

1. Application of traffic accident-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the crime specified in the relevant Act, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;