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(영문) 울산지방법원 2014.07.03 2014고단710
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On February 19, 2014, the Defendant was sentenced to a suspended sentence of ten months for special larceny, etc. at the Ulsan District Court, and the judgment became final and conclusive on February 27, 2014.

【Criminal Facts】

The defendant is a person driving a B car driving service.

At around 17:55 on November 21, 2013, the Defendant, while driving the above vehicle and driving it toward the deep distance from the front side of the Goyang-gu, Ulsan-gun, Ulsan-do, Ulsan-do, the Defendant, by negligence in the course of duty, failed to perform his/her duty to stop in front of the stop signal, went away without taking necessary measures, such as providing relief to the injured party by neglecting the repair cost of KRW 443,738, the repair cost, such as exchanging the above damaged vehicle to the extent of KRW 443,738, the repair cost of the damaged vehicle and stopping the vehicle immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. A copy of a written diagnosis and written estimate;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant escaped without taking follow-up measures against traffic accidents, and it is not good to commit the crime.

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