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(영문) 울산지방법원 2015.01.23 2014고단3449

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 vehicle B K9.

On August 29, 2013, the Defendant driven the above vehicle on August 02:07, and proceeded along four lanes from the south-gu Busan Metropolitan City, Busan Metropolitan City, to the scam-type terminal to the scam-type. On the other hand, when the Defendant violated the duty of the scam-type stop, the Defendant got the back portion of the D Scam-ray car driven by the victim C (Nam, 25 years old) who was temporarily parked in the front part of the vehicle driven by the Defendant for the signal of the scam-type, and the said scam-type car was pushed back to the front part of the vehicle driven by the Defendant. On the other hand, the said scam-type car was pushed up in the future, while the said scam-type car was being driven by the victim (E, South and 29 years old) who was temporarily stopped in front of the scam-type vehicle.

As a result, the Defendant, by negligence in the above occupational negligence, suffered from the spatitiss, etc. requiring approximately three weeks of treatment to the above victim C, and spatitiss, etc. requiring approximately two weeks of treatment to the above victim E, and at the same time, required approximately KRW 1,392,650 of the repair cost for the above spat vehicle to be damaged to require approximately KRW 879,136 of the repair cost, and went away without taking necessary measures such as immediately stopping the said 5 vehicle, and without taking necessary measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and C;

1. The actual survey report and related photographs;

1. Each written diagnosis;

1. Written estimate of repair costs;

1. Application of a written confirmation of hospitalization (E) and a copy of medical examination and treatment (E);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.