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(영문) 울산지방법원 2020.08.27 2020고단949
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a vehicle with B low-speed.

On April 14, 2020, at around 22:35, the Defendant came to turn to the left the right from the bankruptcy distance protection area to the industrial tower-side.

At the time, there was a car operated by the victim C who is to turn to the left at a one-lane, so in such a case, there was a duty of care to prevent the left-hand turn from the accident by checking well the left-hand turn to the driver of the vehicle.

Nevertheless, even though the Defendant neglected this and thereby, caused damage to the right side of the pertinent car driven by the victim as the front part of the said car driven by the Defendant due to negligence in violation of the duty at the front line, the Defendant left the vehicle without immediately stopping the vehicle and without taking necessary measures for preventing danger and smooth communication on the road, even though the repair cost of KRW 1,049,486 was damaged.

2. On January 14, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) caused a traffic accident listed in Paragraph 1, which occurred on January 14, 2020, and was driving a vehicle set forth in paragraph 1 while escaping, leading the road front of Ulsan-gu E in front of the same region from the same horizontal distance protection to the long distance protection.

Since there is a vehicle signal apparatus and pedestrian signal apparatus, in such a case, a person engaged in driving service has a duty of care to safely drive the crosswalk in accordance with the signals indicated by the vehicle signal apparatus, and when a pedestrian passes the crosswalk in accordance with the pedestrian signal apparatus, he/she has a duty of care to temporarily stop the vehicle in front of the crosswalk and prevent the accident from spreading.

Nevertheless, the defendant neglected to do so, and is in the direct control signal of the vehicle.

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