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(영문) 울산지방법원 2019.07.11 2019고단660
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

1. A person who is engaged in driving of BK7 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents);

On January 27, 2019, the Defendant driven the above K7 vehicle without a driver's license on January 27, 2019, and moved to the right of consul distance from the intersection of Ulsan-gu Crown-gu Seoul Metropolitan Government toward about 40 kilometers in speed.

At this point, since it is a private-distance intersection, the driver of the vehicle has a duty of care to safely circumvent the passage and right of the front line, to accurately operate the operation and steering gear, and to take into account the progress of the vehicle in the private-distance intersection, while driving the vehicle.

Nevertheless, the Defendant neglected this and received, as above, the left part of the victim D (the age of 46) driving Ewho XG driving on the right side of the Ewho XG driving and the left part of the Ewho XG driving on the left part of the signal, etc. installed at the above private distance intersection from the C apartment to the right side of the signal, etc. installed at the above private distance intersection.

As a result, the Defendant suffered injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to the above occupational negligence, and at the same time, the Defendant did not immediately stop the franxG vehicle so that it would amount to KRW 1,360,192 of the repair cost, and escaped without taking necessary measures, such as providing relief to the victim.

2. Around January 27, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driven BK7 vehicles without a driver’s license at the intersection of Ulsan-gu Crown-gu, Ulsan Metropolitan City on January 27, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of medical certificates, estimates, photographs, and statutes;

1. Criminal facts;

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