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(영문) 울산지방법원 2018.07.04 2018고정336
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of three million won.

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 three-dimensional car.

On October 28, 2017, the Defendant: (a) around 14:35, when the Defendant makes a left-hand turn to the F Village in front of the E restaurant located in Yangsan-si D, the crossing is an intersection where the crosswalk is installed; (b) in such cases, the Defendant: (c) the driver of a motor vehicle took the front side and left-hand side; and (d) the driver of a motor vehicle took the front side of the bicycle of the victim G (7 years old) crossing the bicycle front side of the victim G (7 years old) crossinging the bicycle along the right side of the vehicle driving in front of the left-hand side of the Defendant’s vehicle, and without having the victim take necessary measures, such as providing rescue and relief to the victim, who has no brain-dead address in need of open treatment for about two weeks, by accurately operating the steering and steering system; and (c) has the driver of a motor vehicle, who has the duty of care to prevent the accident by driving the motor vehicle; and (d) has neglected to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. A written statement related to an accident;

1. The written transfer and takeover of goods;

1. On-site reports (verification ofCCTV images);

1. Application of Acts and subordinate statutes of the medical certificate (G);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason CCTV images for sentencing under Article 334(1) of the Criminal Procedure Act, and the front wheels of the bicycle who was the victim, cannot be deemed to be less than that of the accident in light of the fact that the front wheels of the other bicycle is an accident with the degree of display, and the defendant has a record of being punished under the same criminal name as this case, and the fact that the accident occurred on the crosswalk is disadvantageous.

However, the victim is the victim.

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