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(영문) 울산지방법원 2018.08.28 2018고단2166
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On June 13, 2018, the Defendant driven the above 11:50 on June 13, 2018, and proceeded with Drick Road C in Ulsan-gu, Ulsan-gu, at an indefinite speed from the right side to the right side of the month from the right side of the road.

Since there is a entrance to an intersection where a signal, etc. is installed, there was a duty of care to prevent an accident by properly examining whether a person engaged in driving of a motor vehicle has a motor vehicle to reduce the speed, see the front door, and whether there is a motor vehicle stopping under the signals.

The Defendant was negligent in driving the Defendant’s vehicle by neglecting it, thereby being driven by the Defendant’s driver of the Victim E (55) driving at the front of the signal at the Defendant’s front seat, and the latter was driven by the Flux of the Victim E (55) driving at the Defendant’s front seat.

The Defendant, by such occupational negligence, committed an injury to the victim E, such as salt, tensions, etc. of a trend requiring approximately three weeks of medical treatment, suffered injury to the victim G (at 56 years old) who was on a high-speed car, and suffered from the injury of salt, tensions, etc. of a tension requiring about three weeks of medical treatment, and escaped without taking necessary measures, such as making a stop immediately after destroying a high-priced car to the extent of KRW 1,553,000 of repair cost, and providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing de facto survey reports, photographs, diagnostic records, estimates, and black stuffs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act for community service and order to attend lectures;

1. The scope of punishment recommended on the sentencing criteria;

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