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(영문) 울산지방법원 2018.11.15 2018고단2186
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a K5-car.

On May 25, 2018, the Defendant driven the said K5 car without a driver’s license on May 23:57, 2018, and changed the two lanes in front of the “D” located in Yangsan City, into one lane.

At the same time, the FM5 passenger cars of the victim E(58) driving in the same direction was stopped for the signal waiting, so in this case, the driver of the motor vehicle had a duty of care to see the front line and the left, accurately manipulate the steering system of the motor vehicle, and to change the course of the vehicle.

The Defendant neglected to do so and neglected to change the car line as it is, and thereby, received the part behind the right side of the said SM5 car and the part behind the left side of the Defendant’s car.

Defendant: (a) by such occupational negligence, the victim G (hereinafter referred to as the “victim”) who affected the damaged vehicle caused injury to the victim, such as salt pans, tensions, etc.; (b) the victim G (hereinafter referred to as the “victim G”) who affected the damaged vehicle, caused the victim H (50) to suffer injury, such as cathers, fats, tensions, and tensions, which require approximately two weeks of treatment; and (c) at the same time, the victim H (50) suffered injury, such as cathers, fats, fats, and tensions, which require approximately one week of treatment; and (d) the victim H (50) escaped without any measure, at the same time, at the same time, at the cost of exchange of 3,553,55 won of the right-hand gate

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, a medical certificate, a next-time inquiry, a field photograph, and a written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts; Article 268 of the Criminal Act; Articles 148, 54(1), 152 subparag. 1 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (as to the failure to take measures after an accident)

1. Selection of the penalty;

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