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(영문) 울산지방법원 2017.07.05 2017고단755
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On January 28, 2017, the Defendant driven the above vans around 06:47, and made the left turn to the left the front of the modern department store located in Ulsan-gu, Ulsan-ro, Busan-ro, 258, using the front distance of the modern department store from the docheon-do, the lower court made the left turn to the left.

In this case, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a pedestrian or not to walk the road, and to prevent accidents in advance by driving safely according to the new code.

Nevertheless, the Defendant neglected to turn to the left and received the half part of the victim C (25 years) with a crosswalk pursuant to the pedestrian signals by negligence in violation of his/her care and received the front part of the Defendant’s vehicle on the right side.

Ultimately, the Defendant, by negligence in the above occupational negligence, did not immediately stop the part where the victim suffered injuries such as salt, tension, etc. in the part where the victim needs to receive approximately two weeks of treatment, and did not take measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to survey reports, field photographs, written statements, and medical certificates;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service and order to attend lectures;

1. The sentencing guidelines [the scope of recommended punishment] shall be the mitigated area (six months to one year) (including special mitigated persons] that is not subject to punishment (including serious efforts to recover damage);

2. The accused who has rendered a sentence of sentence shall cause the injury of people due to a traffic accident, and flee as they are.

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