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(영문) 울산지방법원 2016.01.21 2015고정1922
특정범죄가중처벌등에관한법률위반(도주차량)등
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 B-learning car.

On October 6, 2015, the Defendant driven the above car at around 22:20 on October 6, 2015, and led to a road of one lane in front of the D convenience point located in Ulsan-gun C, Ulsan-do, to the south side of the mountain-distance.

Despite the fact that a person engaged in driving of a motor vehicle has a duty of care to accurately operate the front left right and the right and the right and the right and the right and the right and the right and duty of care to drive the motor vehicle in compliance with the rules of duty, the defendant, in turn, tried to overtake the victim E (V) who is going beyond the center line of the yellow solid line, and tried to overtake the driver's car of the victim E (VV) who is going beyond the center line of the yellow solid line, shocked the front part of the driver's car.

As a result, the Defendant suffered injury, such as salt fat, etc., to the victim for about two weeks of medical treatment by occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the said Bosch Rexroth car and without taking necessary measures, such as providing relief to the injured party, while destroying the said Bosch Rexroth car to the extent that the amount equivalent to KRW 2,719,058 is being repaired.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, a report on actual condition investigation, and related photographs;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the injury from duty) 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) 6 of the Criminal Act to mitigate small amount;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, such as the confession of the accused, the victim’s grounds for punishment, the victim’s early crime, and the purchase of a comprehensive insurance policy, shall be considered.

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