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(영문) 울산지방법원 2014.08.21 2014고단1442
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a third party car.

On April 28, 2014, the Defendant: (a) driven the car at 00:39, the Defendant destroyed the damaged vehicle in order to use the 76-day bus stops in front of the 76-day bus stops in Ulsan-gun, Ulsan-do, U. Ulsan-do, to use the front of the 76-day bus stops in the vicinity of the bill, and went away without taking necessary measures, such as aiding the victim’s d (64 years old) driving due to negligence in the course of performing duties, which did not observe the bus lines, and saving the left side of the d (64 years old) driver’s vehicle into the left side of the Defendant’s left side of the d (64 years old), resulting in the Defendant’s shock, causing the victim’s injury, such as light drums and tensions, which requires approximately two-day medical treatment; and (b) at the same time, the Defendant did not immediately stop the diver and rescue the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Accident site and vehicle photographs;

1. Photographss of damaged vehicles, comprehensing, and photographs of towed vehicles;

1. Application of the Acts and subordinate statutes of a medical certificate, each investigation report, and written estimate;

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

1. Selection of an alternative fine for punishment;

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has occurred even after the occurrence of a traffic accident is not good, but the punishment is determined like the order, taking into account the following: (a) the primary crime without criminal power; (b) the degree of injury of the victim; and (c) the fact that the victim agreed with the victim

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