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(영문) 울산지방법원 2017.02.09 2016고단4543
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 a EXE car.

On October 15, 2016, the Defendant driven the above car at around 21:55, and proceeded bypassing the three-day distance from the old Park in Ulsan-gun, Ulsan-gun to the bank from the direction of the right to the port of the sending of the crime.

A driver of a motor vehicle thoroughly sees the front side of the crosswalk, and in particular, when the driver of a motor vehicle passes the crosswalk, the motor vehicle stops, once it stops, and pedestrians walk the crosswalk, and notwithstanding the duty of care to proceed, despite the fact that there was a duty of care to do so, the defendant neglected to do so. Although the pedestrian signal on the above three-distance crosswalk was green signal, the motor vehicle's negligence of driving the above crosswalk, which caused the victim E (V, 36 years old) who dried the crosswalk to the right side of the victim E (V) who dried the crosswalk in accordance with the above sub-paragraph of the above sub-paragraph, was shocked by the front side of the said motor vehicle.

Ultimately, even if the Defendant suffered from an injury to the right-hand bridge opened, which requires the victim's treatment for about 14 weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Articles printed out of the traffic accident report, on-site photographs, and photographs of piracy vehicles;

1. Investigation report (verification of the details of damage inflicted on the victim by telephone);

1. Main pages, such as CCTV output from a mobile phone, parking control, and CCTV for crime prevention;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

1. Selection of fines;

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 of the Provisional Payment Order focuses on the injury inflicted by the victim for the reason of sentencing, and the Defendant caused an accident at the crosswalk, which led to the pedestrian signal at the end of the sudden driving, such as engaging in reverse driving, etc., and without taking any measure.

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