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(영문) 울산지방법원 2015.02.05 2014고단3212
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C 108cc.

Around 17:40 on September 23, 2014, the Defendant driven the above Oralba, and turned down the shooting distance from the front side of Ulsan-dong-gu D in front of Ulsan-gu, Ulsan-do to the front side of the community credit cooperatives at a speed of about 10km/h of speed.

Since there are frequent houses with pedestrian traffic, a person engaged in driving of a motor vehicle has a duty of care to temporarily stop prior to entry into the intersection or drive slowly and to prevent accidents by driving well.

Nevertheless, the Defendant neglected to do so and negligently proceeded to the right side of the victim E (the age of eight) who was set up from the right side of the defendant's Otoba in the direction of the proceeding at that time, and was on the right side of the defendant's Otoba.

Ultimately, even though the Defendant suffered from an injury to the right side and the left side of the victim E by the above negligence, the Defendant immediately stopped to the guardian and did not take relief measures such as communicating the victim to the hospital, or transporting the victim to the hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. The actual survey report and photographs related to traffic accidents;

1. The defendant and his defense counsel asserted that the defendant, upon the occurrence of the traffic accident in this case, sent the drug to the pharmacy and sent the victimized child to the deceased and the victimized child, and the victimized child's contact address was fine, but the victimized child was fine, so the victimized child was out of the traffic accident scene, and therefore, the intention of escape was not intentional.

The term "case where a driver runs away without taking measures as provided in Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim" as provided in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes means the case where the driver of the accident suffers the death or injury of the victim due to an accident.

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