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(영문) 울산지방법원 2015.12.09 2015고단887
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 a DNA car.

Around 23:15 on February 13, 2015, the Defendant: (a) while driving the said car and driving the said car into an industrial tower located in the south-gu, Ulsan-gu, Ulsan-gu, by neglecting the operation of an industrial tower from the projected side of the projected distance; (b) due to the negligence of neglecting the operation of the front-down city and the brake system, the back part of the victim E(54 years old, female) driving car which was temporarily stopped in the front part of the signal signal at the front part of the said passenger car; (c) caused the damage to the victim, such as salt of the shoulder pipe, which requires two-day medical treatment; and (d) at the same time, the Defendant immediately stopped the said four-day passenger car and did not take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, actual condition survey report (1.2), photographs of the scene of the accident;

1. Report of investigation (Submission of photographs of victim's moving vehicles);

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

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 crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of recommending punishment] where a minor injury occurs in the mitigation area (6-10 months to 6-10 months) [the special mitigation person] [the decision of sentence] [the defendant has the record of five times of suspended sentence of imprisonment, including one time of suspended sentence of imprisonment, due to traffic-related crimes such as drinking driving, etc.

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