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(영문) 울산지방법원 2015.01.16 2014고단3373
특정범죄가중처벌등에관한법률위반(도주차량)
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

Around 16:50 on July 19, 2014, the Defendant: (a) driven a B rocketing car and proceeded with two-lane roads near the rooftop distance in Ulsan-gu, Ulsan-gu, by one-lane, from the surface of the new-loppy road to the surface of the rooftop distance; (b) was negligent in performing duties while neglecting the duty of care to safely drive the steering gear and brakes; (c) was driven by the victim D (Nam, 36 years old); (d) was driven by the victim D (ma), who was parked under the new subparagraph (ma, 36 years old); and (e) was driven by the victim D with the front part of the said car, the victim F, 10 years old, 10 years old, 10 years old, and 2 years old, without taking necessary measures for safe operation; and (e) was able to take necessary measures, such as the treatment of the victim F, 10 years old, 2 years old, and the victim 8 years old, respectively.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. G statements;

1. A list of passengers of the damaged vehicle;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 committed;

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommending punishment] where a minor injury has occurred (the special mitigation) in the area of special mitigation (the period of March to October) (the period of special mitigation) after traffic accidents, and the defendant is not subject to punishment (including efforts to recover damage) / [the decision of sentence].

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