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(영문) 울산지방법원 2018.11.09 2018고단2879

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving of a car to be observer B.

On May 12, 2018, the Defendant driven the above car at around 20:35, and turned off the IMF distance from the edge of the Home Puger Scler Scler Scler to the direction of the uniform mountain distance.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and there was a duty of care to make sure of the situation of the previous and rear traffic and prevent accidents in advance by safely driving it.

Nevertheless, the defendant's negligence of driving the vehicle by neglecting it, and caused the defendant to shock the back part of the victim C(59) driver's DaK5 while waiting for signal at the front of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately two weeks of medical treatment, and at the same time, even though the said K5-car damaged to the extent of KRW 799,786, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the damaged party, even though the said K5-car was damaged to the extent of repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Six copies of a report on the occurrence of a traffic accident, on-site map, actual yellow survey report, on-site photograph, the ledger using a drinking measuring instrument, and six copies of photograph of the vehicle under consideration;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes for report on internal investigation (Attachment of image images of damaged vehicles);

1. The point of view that the crime is committed under the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Article 148 and Article 54 (1) of the Road Traffic Act;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (the punishment shall be heavier).