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(영문) 울산지방법원 2014.03.20 2013고단4039

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

On December 7, 2013, the Defendant driven the said car at a speed of about 60 km from the boundary of the sponsing to the speed of about 70 km, depending on three-lanes of the 3-lane road in the sponsing-dong, Ulsan-gu, Ulsan-do, the direction towards the sponsing-do along the three-lanes of the sponsing-do road in the sponsing-do.

At the time, since it was at night and at a place, there was a duty of care to reduce speed to those engaged in driving, and to safely check the right and the right and the right of the vehicle.

Nevertheless, the Defendant was driven by the victim D (year 51) who was in a direct action to take account of the chemical air from the surface of the Madpo-distance Postingm, due to negligence without reducing speed without neglecting this, and was driven by the Defendant in front of the right side of the Posa car driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc., which requires treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as destroying the above low-speed car and providing relief to the victim so that the repair cost equivalent to KRW 4,205,850.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. A traffic accident report and a traffic accident report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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

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

1. Selection of an alternative fine (such as primary crime, the degree of damage to the victim, serious reflectivity, and deposit of KRW 2 million in the future of the victim, etc.);

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.