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(영문) 울산지방법원 2015.06.18 2015고단1025
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a small-scale taxi in C.

On April 13, 2015, the Defendant driven the above taxi on April 13, 2015, and continued to drive approximately 68 km in the direction of the city in the direction of Ulsan-si, Ulsan-si, Ulsan-do.

At the time, there was a new wall that had not been damaged, and therefore, in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes while driving the car with the driver at the same time.

Nevertheless, the suspect neglected this and found that the victim D (the 51-year-old age) was late at the center of the road, and that the victim was injured by the front part of the defendant's vehicle and exceeded the ground.

Ultimately, even though the Defendant died of the victim due to damage to the right-hand part at the accident site on July 13, 2015, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim, at the accident site on July 13, 2015.

Summary of Evidence

1. Defendant's legal statement;

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

1. An accident-related photograph;

1. A written result of autopsy;

1. A report on internal affairs, a telephone survey, and a photographor video-faculing room;

1. Application of Acts and subordinate statutes to investigation reports (the act of registration after a suspect's accident);

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning criminal facts, the choice of limited imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage even to the victim of the Type Three Special Mitigation Zone (1 year and three months to four years) (Special Mitigation Zone) (Special Mitigation Zone], the victim is dead in the scene of death.

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