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(영문) 울산지방법원 2019.07.19 2019고단1388
특정범죄가중처벌등에관한법률위반(도주치상)
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 engaging in driving a two-wheeled motor vehicle B.

On October 12, 2018, the Defendant driven the above 05:20 on the 05:20 on the 12th day of October, 2018, and continued the crosswalk in front of the East-gu, Ulsan-ro 127, Chungcheongnam-gu, Ulsan-ro with the front of the dynamic distance of consul.

Since there is a crosswalk where a signal apparatus is installed, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to see well the right and the right of the motor vehicle, and to drive the motor vehicle safely.

Nevertheless, the defendant neglected this and proceeded as it was while the vehicle driving signal was stopped, and the victim C (52 years old) who dried the crosswalk from the right side of the defendant to the left side in accordance with the pedestrian signals, was completely shocked by the defendant's Obama.

Although the Defendant, due to the above occupational negligence, suffered from a serious injury, such as a dynas dynas, including four or more fages, which require approximately 12 weeks of medical treatment, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Police suspect interrogation protocol regarding E;

1. Each internal investigation report and investigation report;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement of opinion;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding the crime. Article 5-3 (Selection of Imprisonment with Labor for Abandonment)

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the grounds of the sentencing of Article 62-2 of the Criminal Act for probation, community service order and order to attend lectures is a motorcycle where the defendant has two friendlys aboard.

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