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(영문) 울산지방법원 2020.08.27 2020고단504
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On December 9, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) at around 00:05, the Defendant again driven an EK7 vehicle without obtaining a driver’s license at approximately 12 km section from the nearest road of the Defendant’s dwelling in Ulsan-gu B to the neighboring road of the D convenience store located in the same Gu and going through the D convenience store located in the same Gu C, to the neighboring road of the Defendant’s dwelling.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.A.) are those engaged in driving EK7 cars.

The defendant, like paragraph 1, entered the road near the D convenience store in Ulsan-gu, U.S., North Korea, in order to proceed from the F bank to the market 2-ri distance outflow, bypassing from the side road to the road as soon as possible.

At night, and in such a case, a person engaged in driving a motor vehicle has a duty of care to temporarily stop and pay attention to the passage of another motor vehicle, and to accurately manipulate the operation and steering system of the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and had the victim H (23 years of age) who was driving a GTS125S motorcycle in accordance with the above order that the Defendant wants to enter, as a result of the negligence of entering the road from the side of the road as soon as possible, and had the Defendant drive the GTS125S motorcycle in order to avoid a collision with the K7 vehicle that the Defendant was driving, and had it go beyond the above motorcycle and go ahead on the road.

Ultimately, the Defendant suffered injury to the victim, such as the closure frame of the upper body, which requires approximately four weeks of medical treatment due to the above occupational negligence, and at the same time, the Defendant immediately stops and stops to rescue the victim, even though the said motorcycle is damaged by the repair cost of KRW 1,08,000.

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