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(영문) 울산지방법원 2014.06.19 2014고정492
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On June 22, 2013, the Defendant driving the said car at around 02:50, which led to the passage of one-way apartment in front of the new apartment in Ulsan-gun, Ulsan-gun, Ulsan-gu, Ulsan-do, to go around about 20-30 kilometers per hour from the surface of the second apartment to the surface of the new apartment from the surface of the modern apartment.

At the time, at night and where there are frequent residential areas where people have frequent traffic around the road, and there is a place where one-way-passs an access road is cross-sectioned with an access road of a new apartment. In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and operation of the steering gear in advance, and driving the motor vehicle safely by making it possible for the person engaged in driving the motor vehicle to properly see the right and the right and the right and the right of the road

Nevertheless, the Defendant neglected this and got the victim to go beyond the road by facing the right side of the victim D (the age of 46) who was going to face by the left side of the traffic direction due to the negligence on the part of the defendant's failure, and got the victim to go to the right side of the driver's seat of the car.

Ultimately, even though the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. A traffic accident report;

1. An accident site photograph;

1. A medical certificate;

1. Application of the police statement law to D;

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

1. The time of committing the crime by the Defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation and the consent of the victim is reached.

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