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(영문) 울산지방법원 2012.10.25 2012고단1915
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a C5 ton, grassland, and freight truck vehicle.

On March 23, 2012, the Defendant driven the above truck on March 23, 2012, and 08:10, led directly to a two-lane high-ranking road in front of the Culwing Middle School located in Ulsan-gu, Ulsan-gu, Ulsan-do, along the two-lane distance from the distance of the ASEAN Claim.

At the time, the Defendant completed the above high-priced road at the front of the road and changed the course from the point where the general road begins to the right three-lane, the Defendant has a duty of care to safely change the lanes so as not to impede the normal passage of other vehicles by operating the direction, etc. in advance, giving notice of the change of course, and properly consider the traffic conditions, thereby preventing accidents.

Nevertheless, the Defendant neglected this and neglected to change the lane to the right side of the above three-lane, and caused the victim D (W, 52 years of age) who was proceeding directly along the above three-lane, to the left side of the instant truck, and shocked into the right side of the said truck.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. of the bones of wood, which requires medical treatment for about two weeks, and, at the same time, escaped without any measure such as stopping and providing relief to the victim, even though the repair cost, such as exchanging the panions, was damaged to the extent that the above high-speed motor vehicle was to be in excess of KRW 1,166,149.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident, a report on actual condition survey, photographs of the scene of the accident, and photographs of the skin;

1. Written estimate and written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (field guidance and interview);

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

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