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(영문) 울산지방법원 2018.08.30 2018고단1458

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who is engaged in driving of a three-dimensional vehicle.

On April 1, 2018, the Defendant continued the intersection of the private distance of the new flag village located in Ulsan-gu, Ulsan-gu, Seoul-do at a speed of about 60km from the east of the East River Hospital at the speed of about 10km.

At the time, since it is night and a place where a signal is installed, there was a duty of care to safely drive a motor vehicle in accordance with the new subparagraph by accurately operating the boom, left, and right and right of the motor vehicle driver and accurately operating the brake and steering gear.

Nevertheless, the Defendant neglected to do so and neglected to neglect that the ongoing signal of the vehicle is changed to a stop signal, and due to the negligence that the vehicle is proceeding, scarping off the Madle-distance intersection.

On the left side of the victim D(25) driving by the victim D(25) driver, who is proceeding to the direction of the Pacific river from the wave, was faced with the front part of the vehicle with the highest engine, which led the vehicle to shock the utility pole installed in India.

As a result, the Defendant, by its occupational negligence, inflicted injury on the victim D, such as salt, tensions, etc., in need of approximately two weeks of medical treatment on the part of the victim F (25 Do) who boarded the above character vehicle, suffered injury such as a complete escape of about four weeks of medical treatment, etc., and at the same time, did not immediately stop the above character vehicle owned by the victim G to rescue the damaged person and take necessary measures, such as aiding the damaged person and taking into account the situation of damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. On-site and vehicle photographs;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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