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(영문) 울산지방법원 2020.04.23 2019고단4299
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a tXG car.

On September 22, 2019, the Defendant driven the said car on September 3, 2018, while driving the said car and driving the road of one-lane C in front of the south-gu Seoul Metropolitan City at the speed of Si speed from the intersection intersection to the intersection of solar road. On the job negligence, failing to accurately operate the steering direction and brake system without properly examining the front direction and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the part of the Eststy or the back part of the victim D (the age of 66) who was signaled in the atmosphere of the Mara XG in front of the vehicle.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim D, such as salt, tensions, etc., in which treatment for about two weeks is required, and inflicted injury on the victim F (75 years of age) such as catum salt, tensions, etc., in which treatment for about three weeks is required. While the repair cost of KRW 1,841,963 is damaged to the degree of the above taxi, the Defendant did not immediately stop the said taxi and failed to take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement made to D by the police;

1. A written statement;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration, such as the fact that an accident was caused by driving while drinking alcohol on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of injury of the victims, and the fact that there is no previous conviction for driving alcohol, etc.

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