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(영문) 울산지방법원 2016.09.21 2016고단2514

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a DNA TG car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims B and C (or in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and in violation of Road Traffic Act (or in violation of the Act

On June 25, 2016, the Defendant driving the above vehicle at around 20:40, and driving the vehicle at around 20:0,000, along the one-laned road in front of the name-based elementary school located in Ulsan-dong, Ulsan-gu, Ulsan-gu, with the front side of the name-based elementary school located in the Donggsan-dong.

A person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, and to not drive a motor vehicle at a speed or in a manner that may cause any danger or impediment to others.

Nevertheless, due to the negligence of neglecting this, the Defendant was driven by the victim B, who is standing in the signal atmosphere at the front of the car driven by the Defendant, following the ENF rocketing car driven by the Defendant. Accordingly, the said NF rocketing car was pushed forward in the future, and the victim C, who is standing in the signal atmosphere at the front of the vehicle, led to the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant, at the above occupational negligence, immediately stopped to the said B for approximately two weeks of treatment, and escaped without taking necessary measures, such as providing relief to the injured party, even though the Defendant: (a) caused the above C to suffer injury to the left-hand joint wall surface, etc., which requires approximately two weeks of treatment; and (b) caused the above NF Launa car to repair the 3,100,528 won, such as Lart pan-cirs exchange; and (c) caused the above i30 car to require KRW 564,698 of the repair cost; and (d) caused the damage to the said i30 car.

2. The defendant 1 violated the Road Traffic Act against the victim G (if the defendant 1 was involved in the traffic accident as stated in the above 1. paragraph at the time of the above day, while driving the franchise TG car and escaping, the defendant 1 was in the Ulsan-dong-gu.