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(영문) 울산지방법원 2014.12.18 2014고단1066
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On October 30, 2013, the Defendant is a person who is engaged in the operation of EXE cars at C around 17:25.

On October 30, 2013, at around 17:25, the Defendant changed the lane to one lane while driving a road of approximately 100 meters in the mountainside from the mountain ginseng distance from the mountain ginseng distance in Ulsan, the Defendant driven the above vehicle to the Ulsan, along two-lanes from Busan.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to inform another driver of the motor vehicle of the driver of the vehicle in advance by using the direction, etc. in advance, and to safely change the lane and prevent the accident in advance by keeping the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and caused the injury to the victim D, such as salt, tensions, etc. that require treatment for about two weeks by negligence in the course of performing his duties, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the vehicle of the victim, even though he damages the vehicle to the extent that the repair cost is 806,000 won.

Summary of Evidence

1. Statement made to D by the police;

1. A traffic accident report, a traffic accident actual condition survey report, accident site, and vehicle photograph;

1. A medical certificate, a quotation, or a motion picture CD of a damaged vehicle;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of shock photographs to a fluored vehicle, or of witnessD unknown whereabouts);

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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation;

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