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(영문) 울산지방법원 2014.11.06 2014고단2457
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

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

Around 04:20 on July 4, 2014, the Defendant, while driving the said vehicle and driving the said vehicle into the defensive cycle, was negligent in performing his duty to keep the road in front of the monthly salary 1-gil Do, Ulsan-gu, Ulsan-do, to a defensive cycle, and did not discover the victim D (35 years of age) who was under the influence of alcohol on the floor under the influence of alcohol in the front direction of the Defendant’s proceeding and did not find the victim D (35 years of age) who was under the influence of alcohol in the front direction of the Defendant’s proceeding and went back with the victim’s chest part as it is, and the victim suffered injury, such as a closure C4/5 of the 12-day emergency trend, which requires medical treatment, and the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Each legal statement of witness E and D;

1. A report on the occurrence of a traffic accident, on-site map and a report on actual condition investigation;

1. An accident-related photograph;

1. A written request for cooperation with investigation;

1. Each investigation report (investigation of the victim's diagnosis report, hearing of the victim's telephone statement, report on the victim's telephone statement, ctv and cream cd1), diagnosis report, ctv flafe and boom 20 photographs by capturing ctvs;

1. Application of Acts and subordinate statutes of each internal investigation report;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

1. Determination on the assertion of the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. The defendant and his defense counsel asserted that the defendant did not escape because the defendant did not discover the victim who was placed on the road at night and did not recognize the fact that he did not have been aware of the fact that he had been placed on the road.

2. Determination

A. "Cases where a driver runs away without taking measures under Article 50 (1) of the Road Traffic Act, such as aiding a victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" means cases where a driver of an accident knows that a victim was killed due to an accident.

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