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(영문) 울산지방법원 2016.10.18 2016고단2935
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

On July 26, 2016, the Defendant driven a Bsch Rexton car, and proceeded at a speed near the string distance in Ulsan-gu, Ulsan-do, at the boundary of Ulsan-do, with a new string-off plane from Ulsan-do.

At the time, the defendant's front side had a duty of care to look at the front side of the victim C driver's DP, and to accurately manipulate the brake system in this case, the defendant engaged in driving of the motor vehicle had a duty of care to properly manipulate the front side.

Nevertheless, the Defendant neglected to do so and received the rear part of the SPa car as the front part of the PPton car by negligence.

At the same time, the Defendant suffered bodily injury, such as the two-day treatment for the victim due to such occupational negligence, and at the same time, did not immediately stop the vehicle to the extent of scrapping the vehicle, and did not take necessary measures, such as aiding the victim, and escaped from the site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement;

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

1. Each photograph;

1. A certificate of automobile-scrapping and a medical certificate;

1. Application of the Acts and subordinate statutes of the personnel proving insurance coverage;

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 the accident);

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] (the scope of recommending punishment) where a minor injury occurs (the person with a special mitigation] in the mitigation area (6-1 year after the injury) (the person with a special mitigation) (the decision of sentencing) [the defendant does not completely stop after the accident.

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