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(영문) 울산지방법원 2019.01.04 2018고단2496
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 a sm7 car.

On June 15, 2018, the Defendant operated the above car at around 06:20, and led to the intersection of the distance without front signal of D agencies in Yangsan-si, Yangyang-si, Yangyang-si, to the direction of the south-si market from the 35th national highways stoneside.

Since there is a place where traffic is not controlled, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily suspending the vehicle, and to drive safely.

Nevertheless, due to the negligence of driving a stroke while neglecting this, the Defendant, following the left-hand side of the victim E (the age of 49) driving of the said intersection to the left-hand side from the right-hand side of the Defendant’s driving direction, suffered injury to the victim, such as salt, tensions, etc. in which the victim needs to receive approximately two weeks of medical treatment, and also escaped without taking necessary measures to damage the said cco or car to the sum of 6,786,866 won, such as scokera, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a report on the occurrence of a traffic accident, a report on the occurrence of the accident, a report on the actual condition, photographs of the scene of the accident, or photograph of the vehicle involved in the accident, or a copy of a photograph or photograph of the Internet photograph and estimate

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

1. The fact of injury resulting from assistance in or escape from the crime concerned: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of punishment and limited imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Orders for probation and education;

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