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(영문) 울산지방법원 2018.11.16 2018고단2546
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The Defendant is engaged in the business of driving Lone Star Co., Ltd.

On July 2, 2018, the Defendant followed the shooting distance on the upper bank of Ulsan-gu, Ulsan-gu, Seoul-do, from the direction towards the shooting distance on the upper bank square.

Since there is a signal apparatus installed, the driver has a duty of care to drive safely according to the signal system.

Nevertheless, the Defendant neglected to do so and instead, caused the injury to the victim E (24 years) who is the passenger of the damaged vehicle by her direct negligence in violation of the signal, and received from the victim C(55 years), the back part of the driver's seat in front of the two cargo 2 truck drivened by the victim C(55 years) who was driven by the victim C(55 years) in accordance with the signals, without any necessary measures such as aiding the victims by damaging the two cargo 2 truck and stopping the cargo immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a survey report, a photo at the scene of an accident, a photo of an accident vehicle, a G regular CCTV photograph, a photo of a witness vehicle, a photograph of the suspect's body weight, a photograph of the suspect's body weight, and a estimate

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The point of escape under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Article 148 and Article 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment shall be imposed on a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E with the largest punishment);

1. Selection of penalty;

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