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(영문) 울산지방법원 2016.10.14 2016고단2913

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 23, 2016, the Defendant driven a B-car on July 23, 2016, and proceeded along three-lanes around the 60-lane, Namsan-gu, Ulsan Metropolitan City, the 3-lanes around the 60-lane, along the industrial tower.

At the same time, signal lights are installed on the front side, and the vehicle was under the stop according to the vehicle stop signal at the front side of the lane in which the defendant is driving.

Therefore, a driver of a motor vehicle has a duty of care to see the front side, accurately operate the steering and steering system, and prevent the shock with the front side.

Nevertheless, the Defendant neglected this and did not see the front line properly, and caused the victim C (V, 54 years old) who was in the same line of traffic at the front line of the same lane, and caused the panion to the front line of the Defendant’s car.

As a result, the injured party C suffered injuries such as salt ties and tensions that require treatment for about two weeks, and the injured party E (the injured party 27 years old) suffered injuries such as clouds and tensions that require treatment for about two weeks. At the same time, D car was damaged to cover approximately KRW 582,108 for repair cost.

However, the Defendant immediately stopped and did not take necessary measures, but escaped as it is.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Each written diagnosis and written estimate;

1. Application of statutes on field photographs;

1. Escape after an injury resulting from occupational negligence in relation to the relevant criminal facts under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on a victim C who has the largest punishment and punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the victim C who has committed the most severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for discretionary mitigation