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(영문) 울산지방법원 2014.02.13 2013고단3735
특정범죄가중처벌등에관한법률위반(도주차량)등
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

On October 4, 2013, the Defendant is a person who is engaged in driving B rocketing and third-class automobiles. On October 4, 2013, the Defendant driven the above vehicle at around 00:30, and was driving the road in front of the viewing distance in Ulsan-gu New-dong, Ulsan-gu, the front of the viewing distance, from the front of the winter-gu, Ulsan-gu, Seoul-do, at about 60 km of the speed of viewing distance.

In such cases, when a person engaged in driving of a motor vehicle stops the motor vehicle in the same direction, he/she has a duty of care to safely drive the motor vehicle by securing the necessary distance to avoid the collision with the motor vehicle in front.

Nevertheless, the defendant is driving with neglect to do so.

On the same lane, the back part of the DMF5 car driven by the victim C(n, 47 years old) who was parked in the signal line at the same lane was inferred into the front part of the Defendant's vehicle.

As a result, the Defendant, by negligence in the above business, sustained injury to the said C, such as salt panions, etc. in need of approximately two weeks of medical treatment, and suffered from the victim E (n'e, 48 years of age) who was on the top of the operation of the said SM5 vehicle, in the light of the trend requiring approximately two weeks of medical treatment, and escaped without immediately stopping the MF5 vehicle to ensure that its repair cost would amount to KRW 671,543, and without 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. A E-document;

1. The actual condition survey report on the police, and related photographs;

1. A copy of each written diagnosis;

1. Application of the written estimate for vehicle maintenance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment imposed on a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than that of the punishment).

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