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(영문) 울산지방법원 2014.04.03 2013고단3800
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On September 17, 2013, the Defendant driven the above cargo vehicle around 18:00, and operated the four-lane road in front of the community service center located in Ulsan-gu, Ulsan-gu, U.S., with four-lanes from the long distance of filial length to the long distance of 70km each hour.

There are vehicles that stop on the front side of the vehicle, so in such a case, the defendant engaged in driving of the vehicle has a duty of care to prevent accidents by properly manipulating the front side and the left side and the left side, and operating the steering system and the brake system accurately.

Nevertheless, the Defendant, who was unable to properly operate the steering gear by making a telephone conversation, was driven by the victim C(29 years old) who was driving in the same direction as that of driving a three-lane in the vicinity of the three-lane from his own car due to the negligence of operating the steering gear, and was driven by the left corner of the car driven by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim, such as salt, tension, etc., which requires approximately two weeks of medical treatment, and, at the same time, escaped without any measure, such as stopping and providing relief, by destroying a rocketing car to cover KRW 1,694,97, and exposing it by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A survey report on actual condition, photographs of accident scene, etc.;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of penalty;

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