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(영문) 울산지방법원 2017.07.06 2017고단1445
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On March 23, 2017, the Defendant operated the first road in front of the “F discount marina” located in Ulsannam-gu, Ulsan-gu, Seoul-gu, with a four-laned road from the duct park room to the apartment room.

At the time, there is a night and a place where the center line of yellow solid lines is installed, so the driver of the vehicle had a duty of care to live well on the front and left, and to safely operate the car line.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear and failed to go beyond the central line, and caused the victim to go beyond the floor by taking the body part of the victim H(W, 57 years old) and the front part of the driver's seat of the said vehicle from the top of the said vehicle.

Ultimately, even though the Defendant suffered from an injury, such as salt, tension, etc., in need of treatment for about three weeks by occupational negligence, the Defendant immediately stopped 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. Statement made to I by the police;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment with prison labor for the crime under the relevant Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding an order to attend a lecture is that the accused is shocked by the center line of the left-hand turn and brought off from the vehicle after stopping in the opposite line, and the risk of an accident is considerable, and the nature of the crime is light of the nature of the crime without checking the degree of injury of the victim and taking necessary relief measures.

shall not be deemed to have been approved.

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