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(영문) 울산지방법원 2018.08.16 2018고단1982
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of Branchising vehicles.

On May 23, 2018, the Defendant driven a lux vehicle at a speed of 04:50 on May 23, 2018, and led to bypassing a three-distance intersection in front of the valley, which is located in Ulsan-gu, Ulsan-do, from the direction of the valley to the lux apartment at a speed that is impossible to know.

At the time of night, in such a case, there was a duty of care to safely operate the operation of the vehicle by accurately operating the operation and steering gear of the driver.

The Defendant neglected to do so, due to the negligence that greatly circumvented the radius of the revolving, received the left part of the Dsanp vehicle driven by the injured party C(47 tax) who was driving the said three-distance intersection from the east apartment to the Handong apartment.

Defendant 1 suffered from an injury to the victim by negligence in the course of performing such duties as above, and at the same time, Defendant 2 escaped without immediately stopping a vehicle owned by the victim so that the amount equivalent to KRW 1,702,171 is damaged to the repair cost, and thus, did not take measures such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the Act and subordinate statutes on the actual condition survey report, estimate, diagnostic certificate, scene of crime, and vehicle photographs;

1. Article 5-3 (1) 2 of the Act on the Punishment, etc. of Specific Crimes under the relevant Act on the Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, 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;

1. Selection of a selective fine (including reflectivity, initial crime, agreement, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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