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(영문) 울산지방법원 2018.06.12 2018고단882

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, 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

The Defendant is a person who is engaged in driving a passenger car at Benz S. 500.

On January 27, 2018, the Defendant driven a vehicle at around 08:00 and proceeded at a speed of about 20km from the surface of the normal distance to the long distance range of 20km, depending on the two-lanes between the two-lanes in Ulsan-gu New-dong, Ulsan-dong, Ulsan-gu, Seoul-do.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to reduce speed, to live well before the road, and to safely drive the motor vehicle in accordance with signals.

Nevertheless, the Defendant neglected this and received the back part of the seat of the driver’s seat of the Dool-do taxi driving by the victim C(70) (70) who was directly driven by the vehicle running on the front side of the Defendant’s vehicle with a view to viewing from the south-gu office room by a direct negligence in violation of stop signal.

Ultimately, the Defendant suffered from the injury of the victim C and the victim E (the 52-year-old passenger), each of which requires approximately two weeks medical treatment, such as base salt, tension, etc. at the same time, and at the same time, destroyed the victim C-si to repair KRW 4,180,856, and escaped without any measure to seek victims by stopping immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident-related statement of E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act with respect to the facts of crime (the point of view of failing to take measures after an accident) as provided for in the corresponding Act;

2. Formal concurrence, Articles 40 and 50 of the Criminal Act, and the choice of imprisonment, respectively.

3. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following conditions in favor of the reasons for sentencing shall be considered).

4. Article 62 of the Criminal Act of the suspended execution.