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집행유예
(영문) 울산지방법원 2013.12.27.선고 2013고합280 판결

가.특정범죄가중처벌등에관한법률위반(도주차량)·나.도로교통법위반(사고후미조치)·다.뇌물공여(인정된죄명뇌물공여의사표시)·범인도피

Cases

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles)

(b) Violation of the Road Traffic Act (Measures Not to be Taken after Accidents);

(c) Offering of a bribe (Indication of an approved criminal intent to offer a bribe);

(d) A criminal escape;

Defendant

1.(a)(c) A

2. D. B

Prosecutor

Prosecutor Kim Jong- or (Lawsuits) and Yellowia (Trial)

Defense Counsel

Defense Counsel-at-law

Imposition of Judgment

December 27, 2013

Text

Defendant A shall be punished by imprisonment with prison labor for one year, by a fine of two thousand won, and by a fine of two thousand won. If Defendant B fails to pay the above fine, the above Defendant shall be confined in a workhouse for the period calculated by converting 50,000 won into one day.

However, with respect to Defendant A, the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive. The order to Defendant A to provide community service for 120 hours and to attend a compliance driving lecture for 40 hours.

Part 50,000,000 (No. 1) seized shall be confiscated from the defendant A.

To order the defendant B to pay an amount equivalent to the above fine.

Reasons

Criminal facts

1. Defendant A

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Vehicles) and the Road Traffic Act;

The Defendant is a person who is engaged in driving a low-est car of 000.

On April 16, 2013: around 16, 2016, the Defendant, at the speed of 60km in the speed of 60km among the two lanes in the direction of the sports ground signal belt, operated the front road of the LGststa-dong in Sacheon City, Sacheon-si.

At the time, vehicles are at night and at the edge of the right side of the direction, and thus, those engaged in driving service have a duty of care to safely operate the steering system by accurately operating the steering system.

Nevertheless, the Defendant did not discover the victim C (V, 35 years old) driving at the front section of the Defendant’s vehicle while stopping at the Defendant’s vehicle due to negligence, and did not discover the rocketing vehicle at 000, and received the back part of the victim C’s vehicle at the front section of the right-hand part of the Defendant’s vehicle.

Ultimately, the Defendant, by its occupational negligence, sustained injury to the victim C, such as brain dead, etc. without a head open room for treatment for about two weeks, sustained injury to the victim C, suffered injury to the victim D (W, 38 years old) who is the passenger of the vehicle of the victim C for approximately four weeks of treatment, suffered injury to the victim E (W, 10 years old), suffered from the victim F (F) of the same passenger for about two weeks of treatment, without taking necessary measures, such as immediately stopping, even though the repair cost, such as exchange of friers, etc. of damaged vehicles and 116 won, was damaged to the victim E (V) for about two weeks of treatment, and suffered injury to the brain f (V) of the same passenger for about two days of treatment, and at the same time, failed to take necessary measures, such as providing relief to the victim.

B. Expression of offer of bribe

The Defendant made a false statement about the traffic accident No. 1-A. B as a driver B, but when the above B was not subject to the comprehensive insurance due to drinking and driving without a license, he was willing to give a bribe to a police officer and handle the Defendant as a driver and make an illegal solicitation requesting the Defendant to be treated as a driver.

On April 19, 2013: Around 50, the Defendant made a solicitation to request G to submit a detailed statement of mobile phone calls related to traffic accidents while being investigated into the crime under Article 1-A from the slope G belonging to the above Sacheon Police Station at the transportation survey office of the Sacheon Police Station (hereinafter “Sacheon Police Station”) in order to be subject to insurance, while making a solicitation to request G to handle it as driving by the Defendant, and at the same time, discovered the fact that he was aware of the fact that he was able to receive the envelope containing cash KRW 500,000 (No. 50,000 won) from Australia’s money to G as a document related to the instant case, and refused to receive it.

Accordingly, the defendant expressed his intention to offer a bribe in relation to the public official's duties.

2. Defendant B

While the Defendant knows that he/she committed a crime corresponding to a fine or heavier punishment as set forth in Section A(A), on April 16, 2013: (a) around 00, the police station guard and transport at private police station and the transport investigation team office, which is investigating the above case, reported the above case to the above police station guard, guard and transport and slope G as if the Defendant had caused a traffic accident, thereby allowing him/her to flee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement against C, 00, 000, 000, 000, 000, 000, 000, and C;

1. Records of seizure and the list of seizure;

1. Each investigation report, a report on the occurrence of a traffic accident, a report on the actual status of a traffic accident, and an offender;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A copy of each written diagnosis;

1. A copy of the written estimate (00 - 0000);

1. On-site photographs;

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury from occupational negligence), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destruction), Articles 133 (1) and 129 of the Criminal Act (the point of expression of intent to offer a bribe)

B. Defendant B: Article 151(1) of the Criminal Act

1. Formal concurrence (Defendant A);

Articles 40 and 50 of the Criminal Act (the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Avoiding Vehicles) and a violation of the Road Traffic Act (unnecessary Measures after Accidents), and the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Avoiding Vehicles) against D with the largest penalty

1. Selection of punishment;

Selection of a fine for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the expression of intent to offer a bribe

1. Aggravation (Defendant A)

Article 37 (former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [ within the scope of adding up the long-term punishments of two crimes prescribed for the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment]

1. Detention in a workhouse (Defendant B);

Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution (Defendant A);

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

1. Order for community service and attending lectures (Defendant A);

Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Confiscation (Defendant A);

Article 134 (former part) of the Criminal Act

1. A provisional payment order (Defendant B);

Article 334(1) of the Criminal Procedure Act

1. Defendant A

[Scope of Punishment] Imprisonment with prison labor from one year to 35 years

[1] Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles)

[Determination of Type] Traffic Crimes, Escape after Traffic Accidents, Type 1

[Scope of Recommendation] Imprisonment of 8 months to 1 year and 6 months (basic area)

[2] Expression of offer of a bribe

[Determination of Type] Bribery, Bribery, and One Type

【Special Convicted Persons】

- Aggravations: Positive mine (Scope of Recommendation) Imprisonment from 6 months to 1 year and 6 months (aggravating area);

[Scope of modified Recommendations] One year to two years (in accordance with the standards for handling multiple crimes, 1/2 of the upper limit of the sentence range of the second crime shall be added to the upper limit of the sentence range according to the standards for processing multiple crimes: Provided, That the lower limit of the sentence range recommended in the sentencing guidelines is lower than the lower limit of the sentencing range, and therefore, the lower limit of the sentencing range shall be set at the lower limit of the sentencing range).

【General Adopteds】

- Mitigation elements: motor vehicle comprehensive insurance coverage, serious reflects;

【Suspension of Execution】

- positive general reference reasons: The above sentencing factors, such as the period of suspension of execution, two years, etc., and the crime of this case, such as the defendant, committed a traffic accident and attempted to give a bribe to the police officer in charge, etc. Even though they had been punished due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act, etc., which are disadvantageous circumstances such as the fact that the defendant did not receive a bribe from the victims, the amount of money and valuables that the defendant attempted to provide, is relatively relatively much larger, and the amount of money and valuables that the defendant attempted to give, favorable circumstances such as the defendant's misjudgmenting his own mistake, and other favorable circumstances such as the defendant's age, character and behavior, and the motive and circumstances of the crime, etc. shall be determined as the order of punishment

2. Defendant B

Determination of the same punishment as the order shall be made in consideration of the unfavorable circumstances such as the fact that the defendant has been punished several times due to a violation of the Punishment of Violences, etc. Act, favorable circumstances such as the defendant's reflection of his/her mistake, etc., and other various conditions of sentencing, such as the age, character and conduct of

Judges

Justices Kim Dong-young

Judges Kim Jong-jin

Judges Sung-man