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(영문) 울산지방법원 2014.04.24 2014고단91

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 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 a vehicle of C New Flaunst Republic.

On December 11, 2013, the Defendant driven the above car at around 01:10, and led the five-lanes in front of the two king distance in Ulsan-gu, Ulsan-do to go straight along the two-lanes in front of the two king-dong.

At the time of night, there was a blind-distance intersection where signal lights are installed at the front of the road, so in this case, the driver of the vehicle has a duty of care to check the other vehicle driving through the intersection by reducing the speed and keeping the front door well and to prevent the accident by driving safely in accordance with the signals.

Nevertheless, while neglecting this, the Defendant neglected to change the direction of the Defendant’s driving to the stop signal, the Defendant continued to proceed at the same speed in violation of this, and the victim D (Nam, 58 years old) who proceeded with the said intersection from the right side of the direction of the Defendant’s running to the left side of the Defendant’s running, followed the victim D (Nam, 58 years old) who proceeded with the said intersection by the new line to the left side.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim D, such as salt, tensions, etc., which requires the victim D’s treatment for about three weeks, and inflicted injury on the victim F.F. (ma., South and 32 years old) of the victim’s driver’s car accompanied by the nephal ppuri disease certificate, which requires the victim’s treatment for about three weeks. The Defendant destroyed the victim’s driver’s car to cover approximately KRW 1,387,360 of the repair cost, and escaped without stopping it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, an accident site, and photographs of the accident vehicle;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 criminal facts.