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(영문) 울산지방법원 2020.01.15 2019고단3737
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

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 who is engaged in driving of a B B B B B B B B B car.

On August 17, 2019, the Defendant driven the said vehicle on a 00:55-lane, driving the said vehicle, and driving the five-lane road in front of the Ulsan-gu Ctel from the side of the bus terminal to the terminal shooting distance, and driving the five-lane road at an unforeseen speed, the Defendant did not find in advance the victim D (27 years old) who walks without the right side from the left side of the Defendant’s course due to occupational negligence, failing to properly operate the steering gear and brake system, and did not drive the steering gear and brake system.

The Defendant, due to the foregoing traffic accident, sustained injury, such as a pelvis, which requires treatment for about eight weeks, and immediately stopped and escaped without taking measures, such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Five copies of a report on actual condition of survey, photographs of the scene of the accident, investigation report (ctv image verifying the course of movement of the scene of the accident and the route of movement of the harmful vehicle), and photographed images of the accident video;

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

1. 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;

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. Scope of punishment by law: One to thirty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of type] shall be limited to the range of the recommended punishment according to the sentencing guidelines [the first type] after traffic accidents, and the escape [the special sentencing person] after bodily injury [the victim] mitigated (including the victim's efforts to recover damage). The victim shall also be sentenced to the sentencing guidelines for six months, where there are considerable negligence on the occurrence of traffic accidents or the expansion of damage.

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