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(영문) 울산지방법원 2013.08.29 2013고단2490

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 who is engaged in driving of CK5 cars.

Around 17:40 on May 13, 2013, the Defendant driven the above vehicle and proceeded at a speed of not less than 70km each hour at a speed of not less than 70km each hour, depending on three-lanes from the side of the intersection distance, along three-lanes from the side of the intersection distance.

Since there have been a lot of vehicles driving in the same direction, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear and brake system in advance when changing the vehicle line, to give notice of change of course in advance and to prevent accidents by changing the vehicle line in advance.

Nevertheless, the Defendant neglected to do so and did not see the E-to-p invested vehicle driven by the victim D(39 years of age) who was driving on the second line, and did not immediately change the vehicle from the third line to the second line, and caused the victim's left side part of the vehicle to shock the center separation zone by obtaining the victim's right side part of the vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim’s salt and tensions of underwater water that requires treatment for about three weeks, and at the same time, avoided the repair cost of KRW 1,692,258, such as replacement of the panion, and escaped without stopping the vehicle of the victim and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Photographs of damaged vehicles;

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 Competition.