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(영문) 울산지방법원 2016.04.21 2016고단530
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 19, 2015, the Defendant driving a BN No. BV car, and changed the lane to one lane while driving a two-lane road in the 10km area of the Dong-gun, Busan Metropolitan Government, located in the area of the Busan Metropolitan Government, at a speed of about 100km along the two-lanes, at a speed of about 10km.

The driver of any motor vehicle shall drive the motor vehicle along the lane on the road along which the lane is marked, and when the driver of any motor vehicle passes another motor vehicle on the expressway, he/she shall safely pass the motor vehicle by using a direction gauge, light or horn, and has a duty of care not to overtake the motor vehicle in the tunnel.

Nevertheless, the Defendant neglected this to use a direction gauge, light or horn in a tunnel where the change of a lane is prohibited, and the Defendant was driving the victim C(40 years old) who was moving into a one lane by changing the lane into a one lane in which the direction gauge, light or horn is prohibited.

D Da QM5’s right side is shocked to the left side of the above NV car, and the victim E (V) who is a passenger of QM5’s car for about three weeks in need of treatment, suffered from the injury such as catum salt fat, etc. for about three weeks in need of treatment, and suffered from the injury such as catum salt fat, etc. for about three weeks in need of treatment to the same passenger, and the victim F (V, age 58) of the same passenger for about three weeks in need of treatment, at the same time, suffered from the injury such as catum fat, etc. in need of treatment for about three weeks in case of repair expenses, and even if the QM5’s car is damaged to the extent that it is immediately stopped to the extent of KRW 3,718,03 in case of repair expenses, and runs away without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Each photograph;

1. Each written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the injury);

1. Commercial concurrence;

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