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(영문) 울산지방법원 2016.10.07 2016고단2250
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of 125CC.

On May 30, 2016, the Defendant, without obtaining a driver’s license on May 19:01, 201, operated the above Oba, and operated the above Oba and operated the intersection of the apartment in front of Samsung C&U apartment located as a pharmacist in Ulsan-gu, Ulsan-gu, with a two-lane radius from the head of the Home Packer Scastrost, at a speed of about 50 km each other, at a speed of 50 km.

At the same time, the signal apparatus is installed, so in such cases, the person engaged in the driver's duty of care has a duty of care to check the progress and the state of stopping of the vehicle in the front line, maintain the sufficient interval with the front vehicle, and stop safely for the signal atmosphere.

Nevertheless, the Defendant neglected to do so and neglected to proceed on the front side of the vehicle in the Cusst column, which was driven by the victim B (the 52-year old) who was standing for traffic signal in the front side, received the back part of the vehicle in the Cusst column which was driven by the Defendant.

As a result, the Defendant suffered from a scatitis that requires treatment for about three weeks by occupational negligence as above, and at the same time, destroyed the said scatus car to cover approximately KRW 1,287,097, and escaped without taking necessary measures, such as providing relief to the victim, while immediately stopping the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The actual condition survey report, on-site photographs, and statement on the occurrence of a traffic accident;

1. Registers of driver's licenses;

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 related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act.

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