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(영문) 울산지방법원 2019.10.10 2019고단1826
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. The Defendant is a person engaging in driving service of the Raying car (accident).

On April 14, 2019, the Defendant driven the above vehicle on the 11:30 on the 14th day of April, 2019, and proceeded from the D apartment to the E elementary school of Ulsan-gu C.

In this case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by properly operating the steering wheel, steering wheels and brakes, etc., because there is a steel gate installed to distinguish India from the road.

Nevertheless, the Defendant was negligent in neglecting it and received a boundary pension distinguishing India from roads to the right side side of the said car.

As a result, the Defendant, at the above occupational negligence, destroyed the pents and placards and left the site without taking any measures so as to cover the repairing cost of KRW 1,157,000, such as tearing the banner installed on the pents, and tearing the pents and placards, etc.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act (Non-accident) continued to drive a vehicle like the above-mentioned 1 and 1, and continued to proceed from the side of D Apartment to the Flock, depending on the side road of the above-mentioned 1.

At the end of the defendant's running direction, HK5 cars of the victim G(39 years old) driving were in progress from the Flock to D apartment from the Flock. In such a case, there was a duty of care to drive safely, such as reducing speed and accurately operating the steering direction and brakes.

Nevertheless, the defendant is negligent in neglecting this and driving the passenger car on the part of the defendant.

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