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(영문) 울산지방법원 2015.01.16 2014고단3304
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 a CM5 car.

On August 24, 2014, the Defendant driven the above car at around 05:20, and led to the left-hand turn from the direction of the rooftop distance to the ductal elementary school.

Since there is a signal, there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle according to the new code.

Nevertheless, the Defendant neglected this and neglected to turn to the left in contravention of the signal, and the victim D (the age of 43) driven by the victim D (the age of 43) driving from the malma MBC distance to the rooftop-distance from the edge of the signal, went beyond the ground.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury, such as cutting the bones of the bones, which requires medical treatment for about four weeks, and at the same time, escaped without stopping the said bicycle so as to cause the injury to the injured party, and without taking measures such as aiding the injured party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a report on the actual condition survey, a field photograph, a photographic, or a photograph by cutting down a black image;

1. Application of Acts and subordinate statutes to a criminal investigation report (accident circumstance, route of escape, and number of persons);

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 Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)

1. An order to attend a course under Article 62-2 of the Criminal Act;

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