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(영문) 울산지방법원 2020.08.28 2018고단2273

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those who are engaged in driving B K5 cars.

On July 7, 2018, the Defendant driven the said K5 car without obtaining a driver’s license on July 7, 2018, and led the Defendant to drive the said K5 car, and directly drive the “D” front of the “D” in Ulsan-gu C, Ulsan-gu, from E to F-side.

At the time, there are different vehicles in the front of the course, and thus, there was a duty of care to care to ensure the safe distance between the vehicle driver and the prior vehicle in order to care for the vehicle driver.

Nevertheless, the Defendant was negligent in neglecting and standing on the same lane and received the back of the Victim G Driving H Hast Hata-si in order to board passengers on the same lane.

The Defendant, by its occupational negligence, sustained injury to the victim I, who is the above rocketing taxi passenger, such as salt, tensions, etc., which requires approximately two weeks medical treatment, and at the same time, avoided repair costs of 826,560 won, such as the exchange of rier, and escaped without any rescue efforts by immediately stopping the taxi to ensure that 826,560 won of repair costs, such as the exchange of rier.

2. Around 00:55 on July 7, 2018, the Defendant driving a vehicle BK5 without obtaining a driver’s license in the section of about 8 km from the industrial tower near Ulsan-gu New-dong, Ulsan-gu to the same J-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. The actual condition survey report, on-site photographs, diagnosis certificate, and vehicle estimate;

1. Registers of driver's licenses;

1. Application of the Act and subordinate statutes to investigation reports (as to insurance and agreement)

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.