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(영문) 울산지방법원 2012.12.13 2012고단1458
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a car.

On 01:30 on 01:10 on 01:0 on 201:10, the Defendant driven the above car and proceeded with a road one-lane in the Hancheon-gu, Ulsan Metropolitan City, Ulsan Metropolitan City, from the upper upper middle school to the Incheon Appellate Park.

Since a large number of vehicles such as FSM car driven by victim E are parked at the edge of the road, the defendant engaged in driving service has a duty of care to take full account of the front side and the left side and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and did not take necessary measures so that the repair cost amounting to approximately KRW 1,651,227 is damaged by the negligence of driving the IM car as it was, and the Defendant escaped without any necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. A traffic accident report, a traffic accident actual condition survey report, an accident site photograph, a summary photograph, and a photograph of the accident vehicle;

1. Application of the written estimate statutes;

1. Relevant laws concerning criminal facts, Articles 148 and 54 (1) of the Road Traffic Act, selection of fines, and selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged was that the Defendant, due to an accident as indicated in its reasoning, had the victim receive light crypines, etc. requiring treatment for about two weeks, and immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

2. The Defendant asserted that he had escaped from the scene without knowing the fact that the victim was aboard the damaged vehicle at the time of the accident, and there was no intention to commit the crime of escape.

3. Determination

A. According to the record, the fact that a victim was aboard the damaged vehicle at the time of the accident can be acknowledged.

(b).

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