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(영문) 울산지방법원 2016.05.26 2016고정332

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 cargo vehicle of Category C and 1 ton.

On December 16, 2015, the Defendant driven the above vehicle at around 11:45 on December 16, 2015, and driven the two lanes in front of Ulsan-gun, Ulsan-gun, along the two lanes, into an intersection by rough intersection, and changed the course to a two-lane in order to pass the vehicle ahead.

There are two-lanes with a limited speed of 80km, where vehicles are driving at a relatively high speed from each lane, so in the event that the vehicle is intended to change the vehicle, a person engaged in driving business has a duty of care to check the traffic situation of the vehicle, to turn on the direction direction and to change the vehicle safely.

Nevertheless, the Defendant neglected this and failed to verify the two lanes, and the Defendant changed the two lanes as it is, and thereby, driven by the victim E who was driving a two-lane due to the negligence of changing the two lanes.

Fmerdodo 49CC 100, the left part of the freight driven by the Defendant was loaded onto the right part of the freight driven by the Defendant, thereby making the victim go beyond the road.

As a result, the Defendant caused the victim to suffer from approximately four weeks of medical treatment due to the above occupational negligence, and at the same time, destroyed the above Oral Ba, which is owned by the victim, so that it would amount to KRW 510,000,000, and escaped without taking necessary measures, such as immediately stopping the victim, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Written estimate and written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take any measure after a traffic accident)

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