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(영문) 울산지방법원 2013.06.13 2011고단1457
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

At around March 21, 201, the Defendant, who is engaged in driving C high-class vehicles, driven the said vehicle without a driver’s license, and continued the front road of Ulsan middle-gu, Ulsan-gu, Ulsan-gu, with a driver’s license on March 21, 201.

In this case, there was a duty of care to prevent accidents in advance by safely operating the steering system, such as taking the front side of vehicle driving as well as the left side and the left side, and accurately operating the steering system.

Nevertheless, the Defendant was negligent in neglecting this and driving the part on the left back back part of the E-si driven by the victim D (the age of 59) who is standing in the signal atmosphere due to negligence, and received the front part of the said vehicle.

The Defendant, by such occupational negligence, caused the victim to suffer injury to spine, etc. in need of medical treatment for about two weeks, while at the same time, destroyed the damaged vehicle to have a total of KRW 704,605, such as back pans, and escaped without immediately stopping the damaged vehicle to take necessary measures, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A police report (1);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act related to the crime, 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 (the point of failure to take measures after destruction or damage);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violating the Road Traffic Act which has not been imposed after the destruction thereof)

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;

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