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(영문) 울산지방법원 2014.10.28 2014고단2606
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On July 6, 2014, the Defendant driven the above car at around 06:50, and proceeded from the direction of the Taesan River to the direction of the sloping.

Since the signal, etc. is installed at an intersection, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with his/her name.

Nevertheless, the Defendant neglected this and received the left-hand turn from the left-hand left-hand side of the Defendant’s driving direction due to the negligence in violation of the signal, prior to the top-down of the DNA car driven by the victim C(37 years of age) who was driven by the Defendant, and subsequent parts of the car driven by the Defendant.

As a result, the Defendant suffered a shoulder and a string of the above arms that need to be treated for about two weeks by occupational negligence as above, and at the same time, the Defendant, while destroying the car of the victim so that the repair cost of KRW 1,904,100, such as RH Twit, was destroyed, and escaped without taking necessary measures, such as stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each traffic accident occurrence report;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying and damaging property);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria (the range of recommendations) shall be the case of escape after traffic accidents;

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