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(영문) 울산지방법원 2015.03.19 2014고정2165
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a small-scale car in Category C.

On May 22, 2014, the Defendant driven the above vehicle at around 04:00, and operated the intersection in front of the south of the Ulsan East-gu New East-gu, Ulsan-gu, Ulsan-do from the educational intersection to the solar ethic ethic ethic ethic ethic ethic ethic e

At this point, there is a pedestrian in the crosswalk, so the person engaged in the vehicle driving duty has a duty of care to prevent accidents in advance by safely driving the front door while keeping the front door well.

Nevertheless, the defendant neglected this and caused the victim D (35 years of age) who is on the right side of the running direction of the above vehicle due to negligence, and caused the victim D (35 years of age) to go beyond the road.

Ultimately, even if the Defendant suffered from an injury to the side rupture in the left rupture, etc., due to the above occupational negligence, the Defendant left away without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the prosecutor's protocol of examination of the accused;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographs, etc. of an accident site;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a written diagnosis;

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 criminal facts and Article 5-3 (1) 2 of the Act on the

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

1. The defendant and his/her defense counsel's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act asserted that the defendant and his/her defense counsel did not have a criminal intent since they did not know whether the defendant caused a traffic accident in which he/she shared, since they had been driving at the time.

However, we can find out by the evidence mentioned above.

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