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(영문) 울산지방법원 2016.06.29 2016고단1481
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 C-A-hurd motor vehicle.

On February 5, 2016, the Defendant driven the above car on February 17:15, 2016, and led to the left turn from the Twit to the Triday.

There are four lanes, and one lane and two lanes are set as the left lane, the three lanes are straight lines, and the four lanes are set as the right lane, so in such a case, there was a duty of care to safely drive the vehicle in the direction specified in each lane and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the four-lanes on the right side of the right side of the motor vehicle of the Nos. D, which was driven by the victim D, with the three-lanes, received the front side of the right side of the motor vehicle of the above A.I.D.

As a result, the Defendant suffered from the injury of the victim, such as double cages, which intrudes the two cages that need approximately four weeks of medical treatment due to the above occupational negligence, and at the same time, the Defendant did not stop the said dynas vehicle to the extent of 1,213,00 won for repair and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes to a survey report on actual condition, and a estimates for automobile inspection and maintenance (one six times a year);

1. Article 5-3 (1) 2 of the Act on the Aggravated 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 an alternative fine for punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Taking into account Articles 70(1) and 69(2) of the Criminal Act / 199 of the Criminal Act / her initial crime, comprehensive insurance subscription, agreement (agreement amounting to KRW 15 million), details of the crime, degree of reflectivity, etc.

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