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(영문) 울산지방법원 2016.02.18 2016고단84

특정범죄가중처벌등에관한법률위반(도주차량)등

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

The Defendant is a person who is engaged in driving of D New EF Driet or other vehicles.

On October 25, 2015, the Defendant driven the above car on October 25, 2015, and led to three-lanes of 145.6 km located at the 145.6 km located at the Busan Flag-si, Gyeongcheon-gun, Gyeongcheon-do, Gyeongcheon-do, Busan, to the Seoul Blag-do.

At the time, the vehicle is a new wall at the time, and in such a situation, the vehicle is driven by high speed, so in such a case, a person engaged in driving of the vehicle has a duty of care to live well on the right and the right of the front and the right of the vehicle and to safely proceed with the vehicle line.

Nevertheless, the Defendant was driving by the victim E, who was under way in the wind of changing the lanes from three lanes to two lanes due to the negligence of driving the stroke while neglecting it.

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Therefore, the Defendant caused the victim E by negligence in the course of performing the above duties to suffer from an injury, such as saved salt for about three weeks in need of medical treatment, and at the same time, did not immediately stop a vehicle owned by the victim so that 2,607,955 won in repair cost is damaged, and escape without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. A survey report on actual condition, and each investigation report (related to the specification of the skin vehicle, the relation to the attachment of a written diagnosis of injury to the victim, and the relation to the photograph of the skin vehicle);

1. A medical certificate or records of an emergency room;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1.Article 40 of the Criminal Code of Trade and Trade.