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(영문) 울산지방법원 2015.11.12 2015고단2390
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for 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 the duty of driving a B E-car.

On August 7, 2015, the Defendant driven the said car without obtaining a driver's license at around 06:40 on August 7, 2015, and led to the flow of a distance-based crossing road at the center of Ulsan-gu, Ulsan-gu, to the Ulsan-do viewing view.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent the occurrence of an accident by thoroughly performing the duty of booming and accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to do so and neglected his duty to stop tobacco, thereby neglecting his duty to stop at the front of the running direction of the Defendant, and thereby, was driven by the victim C, who was under a stop at the front of the traffic signal in the traffic signal atmosphere by the Defendant (hereinafter “C”), following the DSP car driven by the Defendant, and received a pan-off spread in front of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks due to occupational negligence as above, and at the same time, destroyed the damaged vehicle so that the amount equivalent to KRW 1,241,570, such as replacement of the damaged vehicle, etc., and escaped without stopping it and taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs on traffic accidents;

1. Registration certificate (B) and the register of driver's licenses;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction) concerning the criminal facts;

1.Article 40 of the Criminal Code of Trade and Trade.

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