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(영문) 울산지방법원 2016.08.23 2016고단1932
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 one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On March 22, 2016, the Defendant driven a turfed car from B AW on March 11:50, 2016, and proceeded at an insular speed at three-lanes of the Home PBC located in Ulsan-dong, Ulsan-do from the surface of the two-lanes.

Since the location is a road where signal lights and lanes are installed, there was a duty of care for those engaged in driving of a motor vehicle to observe the car line and drive the motor vehicle safely by driving the motor vehicle.

Nevertheless, the Defendant neglected this and found it late to stop on the front line of the instant vehicle, which was driven by the victim C (the age of 63) due to negligence on the front line of the instant vehicle and neglected to stop for the signal waiting, and attempted to flee without immediately stopping the said vehicle, even though it was damaged to require approximately KRW 734,00,000 for repair cost to take about KRW 73,00,000 for the said vessel.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

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

1. Each photograph;

1. An inquiry into the enemy and mandatory insurance;

1. Application of the statutes requesting a written estimate or cooperation in investigation;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] (the scope of the recommended sentence] (the traffic crime group) category 1 (the escape after the injury) and the area of special mitigation (the period from March to one year) [the person who has been specially mitigated], and the person who has not been punished is not subject to punishment.

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