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(영문) 울산지방법원 2014.08.21 2014고단1405
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a B-to-car.

On March 11, 2014, the Defendant driven the above vehicle on March 11, 2019, and proceeded three lanes from 250 meters ago to 35 kilometers in speed from the direction of the name village of modern automobiles to 35 kilometers in the direction of the name village.

In this case, the defendant engaged in driving of a motor vehicle must accurately operate the steering system, brakes, etc. of the motor vehicle, and has a duty of care not to drive a motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic situation and structure and performance of the motor vehicle

Nevertheless, the Defendant neglected this and continued to go beyond the two-lanes to the two-lanes, and received the part on the right side of the DNA-learning passenger vehicle driven by the victim C (Nam & 31) who was driving in the same direction.

Ultimately, the Defendant, by occupational negligence as seen above, sustained injury to the victim E (ma, 32 years old), who is a partner of the victim C and the fright passenger car, by causing approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as immediately stopping the car to the extent that it damages the amount equivalent to KRW 1,365,40,00 for repairing expenses and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of C and E;

1. A survey report, a photo at the scene of an accident, a photo of each black stuff, a photo of the classic images, and a photo of the classic images;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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