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(영문) 울산지방법원 2014.11.04 2014고단2793
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car of Coinado sports cargo.

On July 30, 2014, at around 22:05, the Defendant driven the above cargo without a driver's license, and proceeded along two lanes from the right edge to the right edge distance from the right edge of the substation to the right edge distance.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to operate the steering gear and brakes accurately by properly operating the steering gear and brakes, and to secure a distance necessary to avoid collision with the motor vehicle ahead of it in the same direction when following the latter.

Nevertheless, the Defendant was negligent in neglecting to stop the Defendant’s cargo vehicle and was driven by the victim C(30 years of age) who was standing in the signal atmosphere in front of the Defendant’s cargo vehicle, and received the front part of the freight vehicle that the Defendant drives.

As a result, the Defendant suffered injury, such as salt, tension, etc., to the victim for about two weeks of medical treatment due to occupational negligence, and at the same time, destroyed the franchis to the 513,896 won of repair expenses for the franchis, and escaped without immediately stopping the vehicle at the site of the accident and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each traffic accident occurrence report;

1. The actual condition survey report;

1. The General of Driver's Licenses (A);

1. A medical certificate;

1. Application of written estimate of vehicle repair costs to the Acts and subordinate statutes;

1. Article 152 subparagraph 1 of the relevant Act on the Punishment, etc. of Specific Crimes and Article 43 of the Road Traffic Act, 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 the destruction or damage of property) concerning the crime;

1. Trade name;

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