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(영문) 울산지방법원 2013.04.25 2012고단3799
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for one year.

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 October 27, 2012, the Defendant was a person who is engaged in driving DNA vehicles. On October 20:12, 2012, the Defendant, while driving the said vehicle and driving the said vehicle on the road located in Ulsan-gun, Ulsan-gun, Ulsan-do, Seoul-do, Seoul-do, along the direction from the direction of the subscopic to the subscopic park, had the victim E (the age of 40) on the right side of the said vehicle due to occupational negligence, who neglected to perform the duty of care for the subscopic and the right side side of the said vehicle, went away without taking necessary measures, such as providing rescue to the victim, by immediately stopping the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of the defendant and E;

1. The actual condition of traffic accidents;

1. A copy of each written diagnosis (E);

1. Application of Acts and subordinate statutes to photographs of each accident site;

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;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., a written agreement attached to reference materials of February 15, 2013 for the submission of a defense counsel that the defendant does not want the punishment of the defendant, and that the defendant has no criminal record more than a fine, considering the fact that the defendant filed a report 119 after the accident so that the victim may receive first aid by making a report, that the victim was hospitalized at the hospital where the victim was hospitalized on the following day of the accident; that the victim knew himself/herself that the victim

1. The criminal facts of sentencing on the grounds of sentencing under Article 62-2 of the Criminal Act are crimes falling under the first type of escape after traffic accidents according to sentencing guidelines, and the mitigation area is mitigated as the mitigation element.

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