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(영문) 울산지방법원 2016.06.14 2016고단1128
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 March 4, 2016, at around 19:27, the Defendant driven the E-Pacific Car, and made it left turn to the left in the direction of the jum apartment at the direction of the sending box in front of the F in the city of Yangsan.

In this case, there was a duty of care to safely drive a motor vehicle with another motor vehicle driving through the intersection of the front side and the left side.

Nevertheless, the Defendant neglected to do so and proceeded to the left and right turn to the opposite side of the vehicle of the Defendant, who was negligent in driving the victim G(Y, 30 years old) driving on the right side of the vehicle of the Defendant at the right side of the vehicle of the Defendant, which was driven by the victim G (W, 30 years old) driving on the right side of the vehicle of the Defendant at the right side of the vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as scopical salt, tensions, etc. requiring treatment of approximately two weeks, and escaped without taking necessary measures, such as destroying a liquid droping car and providing relief to the damaged party while destroying 493,964 won of repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and I;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each internal investigation report and investigation report;

1. The ledger using sobling measuring instruments;

1. Each photograph;

1. A written confirmation of admission and a written diagnosis;

1. Application of Acts and subordinate statutes to specifications of automobile inspection and maintenance, supply of automobile parts, and written requests for payment;

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 (Options of imprisonment);

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 of the escape after traffic accidents.

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