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(영문) 울산지방법원 2013.06.13 2013고단1768
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a car.

On March 16, 2013, the Defendant driven the said vehicle at the normal mountain distance located in the Pyeongtaek-si in Yangsan City, and proceeded to the left at the right edge of the said vehicle, in accordance with one-lane between the 2-lane and the Ulsan-do one-lane, the Defendant was negligent in failing to comply with the duty to see the front left at the right edge of the said vehicle, which was driven by the victim C (V, 43 years old) who was in the atmosphere of the traffic on the two-lane between the 4-lane of the manb and the right edge of the said vehicle by the Defendant.

Therefore, the Defendant, by negligence in the above occupational negligence, got the victim E (manam and 40 years old) who was on board the above victim and the damaged vehicle receive approximately three weeks of medical treatment, and at the same time, did not take necessary measures, such as immediately stopping the damaged vehicle to ensure that the damaged vehicle needs to take an amount equivalent to KRW 641,296 of the repair cost, but failed to take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the police statement regarding C;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The reasons for the sentencing of Articles 70 and 69(2) of the Criminal Act are as follows: (a) the Defendant has no record other than once a fine; (b) the victims have not been seriously affected; and (c) the Defendant’s age, family environment, and the background of crimes; and (d) the punishment shall be determined by the text.

It is so decided as per Disposition for the above reasons.

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