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(영문) 울산지방법원 2018.12.13 2018고단2860
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 5, 2017, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the principal offender") and is currently under probation after the judgment became final and conclusive on November 14, 2017.

The defendant is a person who is engaged in driving a Clearning car.

On 27, 2018, the Defendant, without obtaining a driver's license on 01:53 on 27, 2018, was driving the said car and driving it over to the direction of clean in the direction of the industrial tower.

Since the location is a private-distance intersection with a signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to safely proceed with the signal apparatus in accordance with the signals and prevent accidents.

Nevertheless, by negligence in violation of the signal, the defendant diversed the front side of the driver's seat of the victim D(19) driving in the direction of the upper three distance in the direction of the king king. The defendant diversed the front side of the driver's seat of the victim D(19) driving in the direction of the upper three distance.

Ultimately, the Defendant suffered from the injury of the victim F (19) who is a partner of the victim D and Aburged vehicle, by the foregoing occupational negligence, each of the three-day medical treatment of the victim F (19). At the same time, the Defendant destroyed the said Aburged vehicle to cover KRW 2,439,336 in the aggregate of repair costs, and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual condition and photographs related to accidents;

1. An accident-related witness boomor video CDs;

1. A vehicle estimate and each written diagnosis;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the same type of force and the period of suspension of execution);

1. Article 5-3 (1) 2 and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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