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(영문) 울산지방법원 2014.07.31 2014고단1157
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Party B’s car.

At around 03:50 on April 20, 2014, the Defendant: (a) while driving the above vehicle, and driving the bridge in front of the Jinju apartment located in Ulsan-gu New-ro, Ulsan-gu; (b) while neglecting the duty of Cheongdo-si care at the front of the Cheongdo-si, the Defendant: (c) caused the injury of the victim C (58 years old); (d) caused the victim E (22 years old) who boarded the said cab to the front right side of the Defendant’s vehicle, by neglecting the duty of Cheongdo-si care; and (d) caused the injury of the chill, tension, etc. in need of approximately two weeks of treatment; and (e) caused the injury of the 22 years old cab to the victim E (22 years old); (e) at the same time, the 1,259,742 won of repair expenses, such as the exchange of the front cab to the victim; and (e) did not immediately stop the cab and take necessary measures.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to each written diagnosis and written estimate for automobile repair;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In a case where a minor injury occurs in the area of special mitigation (3 to 10 months) (special mitigation) after a traffic accident, it is not good that the occurrence of a crime is not good. However, it is not good that a person has been sentenced to a fine of one million won due to a drunk driving, and the degree of injury to the victims.

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