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(영문) 울산지방법원 2016.09.06 2016고단2649
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

At around 09:30 on June 11, 2016, the Defendant driven a car for the NAS-si, BNS-gu, Ulsan-gu, U.S., and proceeded ahead of the school bus stops in the middle-gu, Ulsan-gu, U.S., U.S., with a view to a view to a distance of half-gu from the school intersection.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering and brakes for the driver of the motor vehicle and to refrain from driving the motor vehicle at a speed or in a manner that may cause danger and harm to others according to the traffic conditions of the road.

Nevertheless, the Defendant neglected to stop and immediately discovered that the victim C(63 years old) driven by the victim C(63 years old) was stopped in a traffic condition, but did not fall short of the Defendant’s vehicle and received the part of the Defendant’s vehicle behind the vehicle.

As a result, the Defendant caused the victim to suffer injury to climatic salt, etc. requiring treatment for about two weeks by occupational negligence, and at the same time, destroyed the above taxi to fall under KRW 603,078, such as exchange of clifers, and escaped without immediately stopping and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement;

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

1. Each photograph;

1. Application of written estimates and written diagnosis to statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial 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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] (the traffic crime group).

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