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(영문) 울산지방법원 2013.08.22 2013고단2328
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

except that 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

1. The defendant is a person engaged in driving a motor vehicle B by violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On February 18, 2013, the Defendant driven the said car at around 20:10, and continued the front road of the “North foot restaurant” which is located in the Southern-gu, Ulsan-gu, Ulsan-gu, into the front side of the bus terminal, from the front side of the city bus terminal to the front side of the main apartment at the speed of 20km.

At that time, the Defendant was proceeding following the Dsch Rexton car driven by the victim C(39 years of age). In such a case, when the vehicle running in the same direction stops, the Defendant had a duty of care to secure a necessary distance to avoid the collision with the vehicle driving in the same direction and safely drive the vehicle and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and proceeded as it is, and the Defendant followed the above Bosch Rexton car in the same lane, and received the above Bosch Rexton car as the front driver of the vehicle in the same lane.

Ultimately, the Defendant, by occupational negligence, sustained injury to the Defendant, such as salt fat, etc. in need of approximately two weeks of medical treatment, and at the same time, did not immediately stop the said Bosch Rexton car to get approximately KRW 761,973 of repair cost, and escaped without taking any measures, such as aiding the victim.

2. The Defendant in violation of the Road Traffic Act neglected to pay attention necessary for the performance of duties such as Paragraph (1) above, thereby damaging the car owned by the victim C to cover approximately KRW 761,973.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, on February 18, 2013, the defendant is a motor vehicle that is not covered by mandatory insurance, and the defendant is Ulsan-gu around 20:10.

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