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(영문) 울산지방법원 2016.04.29 2016고단745
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2016, the Defendant driven a B car at around 18:10, and led to the front intersection of the B car in front of the Ulsan-gu, Ulsan-gu, U.S., U.S. to each valley industrial complex room from each corner of the street.

At that time, the signal lights and crosswalks are installed, and at the same time, the driver of the motor vehicle has a duty of care to observe the signal and prevent the accident by driving the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded in violation of the signal, and the victim C(S, 8 years old) was placed in front of the passenger car, and got the victim to go down to the front of the passenger car, and let the victim cut down to the front of the passenger car, and again cut down to the floor.

In the end, even though the Defendant suffered from an injury, such as brain-dead, etc., which requires a medical care of about three weeks due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C and D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime and the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The type of recommendation of the sentencing criteria: The range of recommendation of the person subject to special sentencing of the type 1 (escape after injury) after traffic accidents: the person subject to punishment is not subject to punishment, and where the person subject to general sentencing of the person subject to general sentencing of the person subject to general traffic from 8 months to 1 year and 6 months (basic areas): In cases falling under the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (aggravated factors) after traffic accidents, whether the person subject to suspended execution is subject to comprehensive comparison and assessment of the grounds for suspended execution.

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