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(영문) 울산지방법원 2017.02.03 2016고단4616
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2016, the Defendant driven a B-car around 17:20, and proceeded along the four-lane road in front of the D-cafeteria located in Ulsan-gu, Ulsan-gu, along the two-lanes of the monthly distance room from the front of the viewing distance.

A person who drives a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle and shall not drive the motor vehicle at a speed or in a manner that may cause any danger and impediment to others.

The Defendant neglected this and neglected to change the course to one lane, and was negligent in driving at one lane in the same direction, and received the right door of the victim E ( South, 60 years old) driving on the same direction with the left part of the Defendant’s car.

In the above occupational negligence of the Defendant, although the victim suffered injuries such as salt, tensions, etc. in the cirratum, which require approximately three weeks of treatment, and the vehicle of the victim was damaged to cover 745,178 won, such as the fee for repairing the cirrat, 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 by the police for E;

1. Written estimate and written diagnosis;

1. Application of the statutes governing traffic accident-related photographs;

1. Desertion from an occupational negligence in relation to the relevant criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act not to be taken after a traffic accident: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of a sentence [the punishment prescribed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and the choice of imprisonment];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The recommendation [the type of decision] to recommend the sentencing criteria [the person who is subject to special sentencing] type 1 (the escape after the injury) (the person who is subject to special sentencing] to reduce the sentencing criteria: the person who suffers minor injury (the type 1 and 2) shall be sentenced to recommendation.

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