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(영문) 울산지방법원 2018.10.25 2018고단2196

특정범죄가중처벌등에관한법률위반(도주치상)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:30 on May 12, 2018, the Defendant driven the E-learning Motor Vehicle at around 19:30, and proceeded with the road front of the Dong-dong apartment at the 34th Dong-dong, Ulsan-gun, Ulsan-gun, U.S., in the direction of the Eup, from the on-road sports park, while there was a crosswalk in the front direction, the Defendant did not immediately stop the victim F (n, 42 years of age) and the victim G (45 years of age) who was walking along the crosswalk in the left side of the front direction of the Defendant, due to his occupational negligence proceeding without examining the front side of the floor while driving the crosswalk from the on-road sports park, and instead did not immediately stop the victim to the right side of the above-learning motor vehicle, and did not immediately stop the victim by taking measures such as injury such as brain dust, etc., which does not have two conditions necessary for treatment for about one week, and by failing to take measures as to escape from the right side of the G.

Summary of Evidence

1. Statement by the defendant in court;

1. G and F statements;

1. A traffic accident investigation report, photographs of the scene of accident, etc.;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to CCTV video data around the scene of an accident (one CD);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime [Selection of imprisonment]

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for community service and order to attend a lecture do not have any special criminal record of the defendant, and the depth of the sentence after the crime is divided, and the victims and the defendant have agreed to do so smoothly, taking into account the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, circumstances after the crime, etc., and the sentence like the order shall be determined by taking into account the following factors: the execution thereof shall be suspended and community service