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(영문) 울산지방법원 2014.09.19 2014고단1934

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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 of Bone Star Co., Ltd.

On May 17, 2014, the Defendant was driving the above van on the 20:40 on May 17, 2014, and changed the lane in order to walk in the opposite letter while driving on the side of the two-lanes in front of the luminous death in Ulsan-gu, Ulsan-do.

In such cases, a person engaged in driving of a motor vehicle shall not change course when it is likely to interfere with normal traffic of other motor vehicles, and has the duty of care to prevent accidents by changing the lanes in a safe way by making the traffic conditions safe.

Nevertheless, the Defendant neglected this and thereby led to the change of the lane to the left side of the motor vehicle driving by the Defendant, which was driven by the victim C(57 years of age) who was driven by the same direction as it was due to the negligence of changing the lane.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer bodily injury, such as light fluoral and fluoral salt in need of medical treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as stopping the said fluor’s fluor’s fluor’s fluor’s cargo vehicle, even if the 1,350,677 won was damaged to the extent of the fluor’s fluor’s exchange, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and related photographs;

1. A medical certificate;

1. Application of statutes governing a copy of a motor vehicle maintenance estimate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of an instrumental vehicle)