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(영문) 울산지방법원 2016.02.04 2015고단3050
특정범죄가중처벌등에관한법률위반(도주차량)등
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 Crane car.

On October 18:00 on October 10, 2015, the Defendant: (a) driven the above car and temporarily parked on the two-lanes located in Ulsan-gu New-dong, Ulsan-gu, Seoul-gu, Seoul-do, on a two-lane; and (b) re-enters into the rooftop; (c) due to the negligence of changing the two-lane into a one-lane without properly examining the traffic conditions of the next lane, the latter part of the victim D (32 years old) driving while driving in normal conditions depending on a one-lane; (d) stopped on the left side of the said franchise; and (e) reported that the said D has made a 112 report; and (e) even though the said D has lost its seat on the operation of the motor vehicle, it was out of the site.

As a result, the Defendant, as the shock of the above accident, committed an injury to the victim F.F. (30 years, n.e., the victim F.) who boarded the above cruise car, caused approximately four weeks of medical treatment, and at the same time, destroyed the above cruise car to be damaged by the repair cost of KRW 874,200, and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Written statements of D;

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

1. Each written diagnosis;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of penalty;

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