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(영문) 울산지방법원 2015.02.12 2014고단2672

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 20:55 on October 30, 2013, when the Defendant driven a CBa car and proceeds from moving the way to the Masan-distance intersection at the right side of the port side of Ulsan-gu, Ulsan-gu, the Defendant got out of the front side of the road and caused the victim D (ma, 44 years old) to go out of the front side of the road, by failing to comply with the duty of Masan-gu at the front side of the port side and by neglecting the duty of Masan-gu, Ulsan-gu, Ulsan-gu, and caused the victim to go out of the road floor.

As a result, the Defendant suffered from the victim’s negligence in the above occupational negligence not requiring approximately two weeks of treatment, and at the same time, destroyed the bicycle to require approximately KRW 2.50,00 of the repair cost, and escaped without taking necessary measures, such as immediately stopping the bicycle to rescue the victim.

Summary of Evidence

1. D's legal statement;

1. Part concerning D's statement among the suspect interrogation protocol against the defendant by the prosecution

1. A traffic accident report, and photographs related to a traffic accident;

1. Medical certificates and damaged bicycle photographs;

1. The defendant and his defense counsel in response to the request for appraisal, the request for investigation cooperation, the defendant and his defense counsel asserted that the defendant prices the defendant's vehicle on the part of the victim's bicycle on the sole ground that the defendant driven under influence of alcohol without any justifiable reason despite the fact that the victim had shocked the victim's bicycle, and that the defendant did not cause any traffic accident such as shocking the victim

However, according to the evidence duly adopted and examined by this court, the defendant's assertion is sufficiently recognized as follows. The defendant's and defense counsel's assertion is sufficient to lead the bicycle due to negligence in violation of the duty of care to examine the right and the right and the right of the bicycle while driving and the front part of the damaged bicycle.