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(영문) 울산지방법원 2016.07.14 2016고단1270
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C5 tons truck.

On April 6, 2016, the Defendant driven the above truck on around 18:37, and was in the signal atmosphere along three-lanes with the roads of the four-lanes in front of the KCC Ulsan Factory in Ulsan-dong.

At the time, the defendant's truck rear side had a duty of care to properly manipulate the steering direction and brake system and prevent the shock with the back side, since the victim D (n, 25 years of age) and the E-car driving under the 25 years of age had been waiting for the signal, the person engaged in driving the vehicle had a duty of care to prevent the shock with the back side.

Nevertheless, without any justifiable reason, the Defendant left the above truck, shacked the front studs of the above strings of the above strings, suffered injuries to the victim, such as light strings and tensions, which require approximately two weeks of treatment, and, at the same time, destroyed the above strings to ensure that the above strings are in excess of KRW 854,328 of repairing cost, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

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

1. Article 5-3 subparag. 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 concerning the crime (the point of failing to take measures after the accident)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Selection of Punishment of Imprisonment);

1. The reason for sentencing under Article 53 and Article 55(1)3(3) of the Criminal Act of the Act on the Mitigation of Small Quantity Mitigation brings about a situation in which the defendant, after the accident, left the scene after the accident, was reported to 112 by the victim, and where one hour has not passed since he was arrested, causing a situation in which it is impossible to clarify whether the accident is a drinking, and there is no suspicion of driving, etc. by drinking after the accident.

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