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(영문) 울산지방법원 2017.11.07 2017고단2989

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 a XG car by borrowing B.

On June 25, 2017, at around 06:20, the Defendant moved to the above 06:20, and run a XG car, which is located in the Seodaemun-gu, Ulsan Metropolitan City, Seoyang-gu, Ulsan Metropolitan City, Seoyang-do, which was in front of the church, came to go through the intersection of the shooting distance in front of the church, from the front of the Samsung Apartment apartment.

Since there is a place where traffic control takes place, there was a duty of care to confirm whether a person engaged in driving service has a cross-vehicles by reducing speed or temporarily suspending the vehicle.

Nevertheless, it is obvious that the Defendant neglected to do so and proceeds as it is, and the Defendant’s negligence is the above franchise that the Defendant is driving and the “on the right side of the left side” of the facts charged to the port from the direction of the running of XG car is a clerical error.

The part of the back of the driver's seat of the D-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant suffered a variety of scambrupt scams, etc. to the victim due to the above occupational negligence, and at the same time, destroyed the car owned by the victim to have approximately KRW 8,289,280 of the repair cost, and escaped without immediately stopping the car and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a survey report on the occurrence of a traffic accident, a photograph of the scene of the accident, etc., and

1. Application of written estimates and written diagnosis to statutes;

1. The point of view in the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: The point of view that measures are not taken after an accident under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) 1 of the Road Traffic Act;

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