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(영문) 울산지방법원 2014.02.18 2014고정69
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to 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 a BM5 car.

On April 3, 2013, at around 19:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.117% with blood alcohol concentration of 0.17%, and proceeded to the front of the Solsan-gun, Ulsan-gun, Seosan-gun to the front of the Solsan-gun, Solsan-gun.

There is a duty of care to prevent accidents in advance by driving safely, such as by driving the vehicle, if there is another vehicle to drive the vehicle from the road with a wide width, since there is no signal, and the width of the road crossings is larger than that of the road where the defendant is passing.

Nevertheless, under the influence of alcohol, the part of the right side of the DNA vehicle driven by the victim C (the 52-year old) who was in the process of running in the intersection with the defendant's vehicle running in the course of the vehicle due to the negligence, was driven in front of the defendant's vehicle, and the victim E (the 56-year old) who is the passenger of the above E E E E E E E E E E E E E E E E EM vehicle suffered from the injury of the right side of the eM vehicle requiring approximately two weeks of medical treatment, such as electric exchange, and at the same time, the repair cost of KRW 1,579,600, such as electric exchange, was damaged to the extent that the above EM vehicle is damaged.

In this case, the defendant immediately stopped the victim and does not take any measures such as aiding the victim, but runs away as it is.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A survey report on the actual condition of a traffic accident, on-site, and photograph of an accident vehicle;

1. A report on detection of a driver and a circumstantial report on the driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Injury resulting from occupational negligence under 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 crime committed;

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