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(영문) 울산지방법원 2015.11.19 2015고단2443
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 multilateral car.

At around 22:50 on July 16, 2008, the Defendant was driving the said car to drive the said car, and was driving the intersection of the D Do road in front of Busan Metropolitan City to the Ulsan Metropolitan area. However, due to the negligence of entering the intersection in violation of the former signal even though the former signal was red signal, the Defendant received the front left side part of the F Dop car of the victim E (35 years old) driving a normal driving under the new code from the right side of the front side of the said Dap car.

The Defendant, due to the shock of the foregoing accident, caused the injury of light salt, etc. to the above E in need of approximately 2 weeks of medical treatment, and escaped without taking necessary measures, such as stopping immediately to rescue the victims, by having the victim G (the 29 years of age, the H, and thereafter the H) who was accompanied by the said car, to the victim I (the 41 years of age) who was accompanied by the said tea, suffered from the injury of the Danty salt, etc. in need of medical treatment for about 3 weeks. At the same time, the above Donty car was destroyed by KRW 9,695,056 of the cost of repairing the car, and the victim I (the 41 year of age) who was accompanied by the said Danty car was able to receive the injury of the Donty salt, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement of E, J, I, and the accused;

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

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

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 facts constituting the crime (the point of failing to take measures after destroying and damaging property);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Orders to provide community service or attend lectures;

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