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(영문) 울산지방법원 2018.01.18 2016고단3525
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

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

On June 22, 2016, the Defendant driven the above car at around 15:10, and proceeded from the south-gu, Ulsan-gu, the EKap, the front of which is located in D, with a speed of about 30 kilometers from the south-gu, the south-gu, Seoul-gu, to the scirical wedding place.

The defendant's front side was waiting to enter the intersection where signal lights are not installed, while the victim H(n, 59 years old) driver's G QM5 driver's G QM5 driver's G QM driver's operating in the front side of the defendant, and the victim H(n, 31 years old) driver's driving in the rear side is proceeding in the same direction as the defendant's side followed. Thus, the driver's driver's operating of the motor vehicle has a duty of care to prevent the accident by operating the brake in advance while paying attention to prevent the accident from facing the vehicle in the rear side when operating the brake accurately.

The Defendant neglected this and failed to properly operate the operation system, and received the rear part of the above QM5 car as the front part of the Defendant’s driving, and did not keep the distance from the rear vehicle due to the negligence of not maintaining the distance from the rear vehicle, and received the front part of the above QM5 car as the rear part of the Defendant’s driving.

The Defendant’s negligence caused the injury to the victim F, the victim H, and the victim JJ, each of which was accompanied by approximately 2 weeks of light tensions, tensions, etc. in need of medical treatment, and at the same time, the above QM5 car was repaired by the repair cost of KRW 540,659, such as the exchange of the above QM5 car to the offender, and the repair cost of KRW 43,228,00,000, such as the exchange of the above franchiseer, were destroyed to the extent of damage to each of them, and the victim JJ parkeded the said car without taking necessary measures, such as providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, H and J;

1. A survey report, photograph, diagnosis document, and quotation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Criminal facts;

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