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(영문) 울산지방법원 2020.04.22 2019고단5156
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

On November 3, 2008, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Ulsan District Court on November 3, 2008, and on May 10, 2013, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving cars of Bwing and 1.2 tons of cargo vehicles;

On August 29, 2019, the Defendant driven the above cargo vehicle around 16:20, and got the front of D, which is located in Yangsan City City, to the Busan Seaside.

At this point, there was a duty of care to prevent accidents by driving safely by checking whether a person engaged in driving of a motor vehicle is able to see the front door and whether there is a vehicle in the signal atmosphere.

Nevertheless, the Defendant neglected to do so and instead received a panion behind the FMF5 car of the victim E(the age of 49) driving, which was in the front line, in the front line of the Defendant’s driving freight.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to occupational negligence as above, and, at the same time, escaped without taking necessary measures, such as aiding the victim, even if the victim’s market price is damaged by the said SM5 car, which is equivalent to KRW 2,150,000.

2. Around 16:48 August 29, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a truck of approximately 6.7 km from the front of the G on the G-si road to the front of the G in Yangsan-si H on the G-si road without a driver’s license.

3. On August 29, 2019, the Defendant has caused a traffic accident, such as the foregoing paragraph (1), around 16:48 of the Road Traffic Act.

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