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(영문) 울산지방법원 2014.05.30 2014고단664

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

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

Reasons

Punishment of the crime

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

On February 19, 2014, the Defendant driven the above car and got a U-turn while driving the second line in front of the U.S. fire fighting patrol box located in the U.S., Ulsan-gu, Ulsan-dong, along two-lanes.

The location has a duty of care to prevent accidents by accurately operating the steering boat 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 system of the steering boat.

Nevertheless, the Defendant neglected to do so at a place where there is no U-turn display, and brought about the right side of the victim C(36 years old) driving a one-lane on the left side of the sea-going vehicle, which was driving a one-lane in the same room.

The Defendant, due to the above occupational negligence, sustained injury to the right-hand side of the pelle and the pelle, which requires treatment of the victim for about six weeks, and at the same time, escaped without immediately stopping the pelle while destroying the above pelle to the repair cost of KRW 500,000,000, and without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C related to a traffic accident;

1. A traffic accident report;

1. A traffic accident report;

1. A medical certificate (C);

1. Application of written estimates (D)-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course under Article 62-2 of the Criminal Act;