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(영문) 울산지방법원 2014.01.17 2013고단3722
특정범죄가중처벌등에관한법률위반(도주차량)등
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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-type car.

On October 9, 2013, at around 18:54, the Defendant stopped a five-lane road prior to the upper point of the Sungdodo in Ulsan-gu, Ulsan-do from the boundary of Ulsan-do, to the new uniforms-side, one-lane signal at the atmosphere of the Ulsan-do, and proceeded to the opposite lane, a speed of about 20km at the speed of 10km.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by safely making a U.S. internship at the permissible point of practice.

Nevertheless, the defendant neglected to do so and is hered with the center line of yellow solid lines.

At this time, the front part of the D 49cc Oral Sea, which is driven by the victim C(18 years of age) driving along two laness, was shocked with the front part of the Defendant's vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury on the crypted crypine, etc., requiring medical treatment for about two weeks, and at the same time escaped without taking measures, such as aiding the crypine, even though the above crypine was damaged to cover approximately KRW 1,457,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report and related photographs;

1. A medical certificate;

1. Application of the statutes governing a written estimate;

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. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)

1. Reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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