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(영문) 울산지방법원 2016.05.24 2015고단3322
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

On November 2, 2015, the Defendant driving a BM7 car around 23:20 around 20 on November 2, 2015, which led to the driving of the BM7 car on the nine-lane roads of the Hosan City Heritage Corporation, along with the direction of KON at the seat of the Public Security Center.

In this case, the driver of a motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle in the light thereof, since the center line and signal signal of the yellow solid line are near the three-distance intersection where the yellow solid lines are installed.

Nevertheless, the Defendant neglected this and was driving by a victim C (59) who was standing in the signal atmosphere.

D by finding cubs car into the upper right side of the damaged vehicle, the upper part of the damaged vehicle was the upper part of the upper part of the vehicle, the upper part of the cubs and the pents.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of treatment for about two weeks, and at the same time, destroyed the damaged vehicle to have an amount equivalent to KRW 10,013,681, such as the exchange of the front offender, and escaped without taking measures such as aiding and abetting the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident occurrence report;

1. A survey report on actual conditions;

1. Each photograph;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a copy of a written estimate for damaged vehicles;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the injury);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act shall be the type 1 (the escape after injury or injury) after traffic accidents;

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