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(영문) 울산지방법원 2016.10.14 2016고단3026
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2016, the Defendant driven a B car on September 2, 2016, and driven the B car to a pharmacist in Ulsan-gu, Ulsan-gu, 15 Samsung Aunan apartment, proceeding to the home flusm distance from the military direction to the home flusm.

Since there was an intersection where the signal, etc. is installed, there was a duty of care to make a left-hand turn turn or a walking signal to the driver of the motor vehicle.

Nevertheless, due to the negligence of the Defendant, the Defendant neglected this, and received the front part of the victim C (Nam, 51) driving D, which was driven in the opposite direction of the Defendant’s proceeding, from the front part of the Defendant’s car.

Ultimately, due to the above occupational negligence of the defendant, the victim suffered injuries such as salt, tensions, etc. in light of the trend that requires treatment for about two weeks, and at the same time, the victim's vans were damaged to cover KRW 1,279,048.

However, the defendant immediately stopped and escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Analysis of image images of damaged vehicles);

1. A written diagnosis and written estimate;

1. Application of statutes on field photographs;

1. Escape after the death from occupational negligence in relation to the relevant criminal facts: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes, of which punishment is heavier) of the ordinary concurrent crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The recommendation type of sentencing criteria (the determination of type) [the escape after the injury of a person causing a special appearance] shall be mitigated: Minor injury.

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