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(영문) 울산지방법원 2017.02.03 2016고단4276

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2016, around 16:35, the Defendant driven B-car on the 5-lane road near the 60th parallel parallel distance in Ulsan-gu, Ulsan-gu, Ulsan-do, Seoul-do, and proceeded along five-lanes from the street room of an industrial tower to the private distance.

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

Nevertheless, the Defendant was negligent in operating the vehicle by neglecting it, and the victim C (V, 38 years old) who was standing in the front signal atmosphere was behind the Defendant’s vehicle.

The Defendant’s negligence in the above occupational negligence, while the victim suffered injury, such as the fluoral fluor, etc. requiring treatment for approximately two weeks, and damaged the victim’s car to cover repair costs of approximately KRW 342,128, such as the exchange of panions, the victim escaped immediately without taking measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A written diagnosis and written estimate;

1. Application of statutes on field photographs;

1. Desertion after the death from occupational negligence in relation to the relevant criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act not to be taken after the accident: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of a sentence [the punishment prescribed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and the choice of imprisonment];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The recommendation [the type of decision] type 1 [the escape after the injury] reduction element of the sentencing criteria: (a) when minor injury has occurred, (b) imprisonment with prison labor for six months;