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(영문) 울산지방법원 2014.06.26 2014고단1065

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Category B vehicles.

On February 8, 2014, the Defendant driven the above vehicle at around 19:00, and led the front of the road, which is not a fenced in the southwest-gu, Ulsan, the southwest-gu, to the military history distance from the military base.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by taking into account the front side and the left side.

Nevertheless, the Defendant neglected this and proceeded with the front part of the Defendant’s vehicle, which was driven by the victim C who was in the signal atmosphere due to negligence.

Ultimately, the Defendant, by occupational negligence, committed an injury to salt and tension that requires treatment for about two weeks to the victim, and sustained injury to the victim E, including salt, tensions, and so on, about two weeks in need of medical treatment to the victim E, while at the same time, the victim’s vehicle was damaged to the extent that its repair cost would be 476,120 won, and escaped without any necessary measure, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The scene of the accident and photographs of victims;

1. A written statement of C and E;

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

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 crime (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims C with the largest punishment and punishment for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (see, e.g., Statement of Reasons for sentencing)

1. The Criminal Act for orders to provide community service and attend lectures;