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(영문) 울산지방법원 2011.11.16 2011고단1569

특정범죄가중처벌등에관한법률위반(도주차량) 등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On April 9, 2011, the Defendant driven the above cargo vehicle around 09:10, and changed the course to two lanes while driving the three-lane road in front of the river station located in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City along three-lanes from the surface of the chill bank to the surface of the chill apartment apartment zone.

In such a case, a person engaged in driving service has a duty of care to accurately operate the steering gear and steering the steering gear well, and the defendant neglected to do so, and the victim D (the age of 65) who was driving in two lanes in the same direction due to the negligence of changing the course to a two-lanes of the front door of the Ebenz car and the front wheel part of the Ebenz car operated by the victim D (the age of 65) with the rear loaded part of the defendant's vehicle, received the victim with approximately three weeks of medical treatment, sustained the victim's injury, such as salt, tensions, and tensions in the bones of the bones, and the fresh, so that the damaged vehicle may be damaged to the amount of KRW 3,568,345, and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Statement of suspect interrogation of each accused accused by the prosecution (including D substitute parts);

1. A traffic accident report;

1. A survey report on actual condition (1) (2);

1. Response to a written request for appraisal by the Korea Transportation Safety Authority;

1. A medical certificate;

1. Place and photograph of the accident;

1. Application of the Acts and subordinate statutes governing photographs of the skin vehicle and damaged vehicle photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 (the point of failing to take measures after the accident);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;