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(영문) 울산지방법원 2016.07.21 2016고단1529
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a motor vehicle B.

On April 16, 2016, the Defendant driven the above car on April 16, 2016, and proceeded ahead of the road in front of the sexual traffic in Ulsan-gu, Ulsan-gu, with the speed of about 60km from the Sung-dong to the e-mail.

At night and at the front of the defendant, the victim C(37 tax)'s complaint vehicle was stopped in order to conduct optical communication operations. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brake system in the driver of the vehicle.

Nevertheless, the Defendant was negligent in driving the vehicle in a narrow state while driving the vehicle, and was placed on the left side of the said vehicle in front of the lower side of the said vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, destroyed the said vehicle to have approximately KRW 4,957,356 of repair cost, and escaped without taking necessary measures, such as stopping the said vehicle and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes on the cutting of a black boom;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Selection of Punishment of Imprisonment);

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

1. The attitude of escape is active, and the scale of the accident is minor, as it leaves the scene without getting off the scene after the accident on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended execution;

(2) any relief measure.

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