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(영문) 울산지방법원 2014.03.27 2013고단4095

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On October 27, 2013, the Defendant driven the above car and proceeded at a speed of about 60K km from the side of the modern department store to that of the terminal sea station, which is located in Ulsan-gu Busan-dong, Ulsan-do. The Defendant driven the above car at a speed of about 60K m per hour, depending on one-lane between the two-lanes.

In this case, the driver of the vehicle has a duty of care to check and proceed well with the traffic situation of the intersection by temporarily stopping or slowly driving prior to the entry into the intersection, because the driver of the vehicle has a duty of care to check and keep the safety of the intersection in the case of the driver of the vehicle.

Nevertheless, when the defendant neglected to do so and proceeded as it is, the defendant was placed in front of the left-hand gate and door part of the D individual taxi operated by the victim C (the 65-year old) who entered the intersection from the left-hand side of the running direction of the vehicle of the defendant to the right-hand side.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C and the victim E (the 22-year-old taxi) who is the victim, who is the victim C, and the cab, respectively, requiring treatment for about three weeks, and at the same time, did not stop the said taxi to cause approximately KRW 1,678,266 for repair costs, such as the exchange of the front caber, and escaped without taking measures such as aiding the victim, even if the said taxi was damaged to move to approximately KRW 1,678,26.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

1. A report on the occurrence of each traffic accident, a report on actual condition, the initial Dong and on-site photographs of the accident;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act concerning criminal facts, and Article 268 of the Criminal Act.