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(영문) 울산지방법원 2019.01.31 2018고정1030
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

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 the driving of a new Flador or a car.

On April 11, 2018, at around 13:20, the Defendant, while driving the said vehicle, driven the said vehicle to the D elementary school from the direction of C to the intersection of the private distance of 7,000,000 Seo-gu, Ulsan-gun, Ulsan-gun, Ulsan-do.

At this point, there is a pedestrian crossing where signal lights are installed, and there is a child protection zone in front of an elementary school, so there was a duty of care to prevent accidents by driving the motor vehicle in a safe manner, such as thorough operation of the brake system, etc.

Nevertheless, the defendant neglected to drive the crosswalk while driving the crosswalk by negligence, brought the face of the victim E (7 years of age) who is standing the crosswalk pursuant to the pedestrian signals of the pedestrian, into the part of the defendant's top-down of the above vehicle.

After all, even though the Defendant suffered injury to brain-dead, etc. without any two internal organs, which require medical treatment for about three weeks by occupational negligence as above, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim, even though he did not have any two internal organs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. A investigation report (the CCTV at the scene of an accident and the black picture of a route bus);

1. Reports on internal investigation (information on banner);

1. Application of the Acts and subordinate statutes to photographs of CCTV images;

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 the relevant criminal facts and the selection of punishment;

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

1. The traffic accident of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant violated the signal to the elementary school student who dried the crosswalk according to the new subparagraph within the school's existence, and the attitude of the crime is poor due to the accident caused by the fire.

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