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(영문) 울산지방법원 2015.02.04 2014고단3731
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

The defendant is a person who is engaged in driving of B-learning automobiles.

On November 1, 2014, the Defendant driven the above vehicle at around 01:40, and proceeded along three lanes from the south Tri-distance to the mountain beach, one of the four-lanes from the south Tri-dong, Ulsan-gu, Ulsan-do, with the front side of the modern art park. The Defendant was negligent in failing to comply with the duty of the front-way driver, thereby obtaining the rear part of the DK5 cab driving of the victim C(40 years old) who was temporarily stopped on the front side of the Defendant’s vehicle for waiting at the front side of the vehicle.

Thus, the Defendant caused the victim E (the aged 43) by negligence in the above business so that the victim E (the aged 43) is in need of medical treatment for about 20 days, and the victim F (the aged 46) suffered from the scopical base, etc. requiring medical treatment for about 20 days, and the victim F (the aged 35) suffered from the scopical base, etc. requiring medical treatment for about 20 days, and at the same time, destroyed the damaged vehicle to require approximately 1,623,00 won for repair cost, and immediately stopped the damaged vehicle without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with respect to C, E, F, and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographss related to traffic accidents;

1. Application of written estimates and written diagnosis to Acts and subordinate statutes;

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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims C with the largest punishment and punishment for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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