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(영문) 울산지방법원 2016.09.30 2016고단2771

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2016, the Defendant driving a B-Motor vehicle around 01:41, and turn to the left the string distance on the front side of the defensive road in Ulsan-dong-gu, Ulsan-gu, U.S., to the front side of the e-mail apartment protection from the front side of the mountain bathing beach.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the left and right of the front.

Nevertheless, the Defendant neglected to do so and proceeded with it as it was, and the Defendant was able to drive the victim C (the remaining, the age of 26) waiting to the front side of the Defendant’s vehicle at the seat of the victim C (the age of 26).

In the above occupational negligence of Defendant 1, the victim was damaged to have approximately KRW 3,310,000 for repair costs, while suffering from injury to cerebral sugars that should be treated for about two weeks.

However, the Defendant immediately stopped and did not take necessary measures such as aiding and abetting the victimized person, and escaped as it is.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written diagnosis and written estimate;

1. Application of the statutes governing traffic accident-related photographs;

1. Desertion from an occupational negligence in relation to the relevant criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act not to be taken after a traffic accident: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on offenses committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Determination of sentencing guidelines [the type of determination] traffic [the person subject to special sentencing] mitigation element: Where a minor injury occurs (2 weeks, salt bases, coordinates, etc.) and an aggravated element: Where a significant risk of life has occurred due to escape (the traffic volume is the same);