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(영문) 울산지방법원 2019.08.20 2019고단1910
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

The defendant is a person who is engaged in driving a low-speed car B.

At around 02:30 on March 30, 2019, the Defendant driven the above high-speed car and proceeded at the road of the front C of Ulsan-si, Ulsan-si from D to E in the speed of speed from D to E, while driving the road at the speed of speed from D to E, due to occupational negligence, which did not properly operate the steering direction and brake system, and due to the victim G (W, 51 years old) driving on the front side of the high-speed car at E in the direction of E in the direction of the driving seat of the above high-speed car.

The Defendant, by such occupational negligence, sustained injury to the victim G and the victim I (n, 37 years of age) who was on board the said vehicle, such as salt and tensions, etc. in the light of the trend that requires treatment for about three weeks, and at the same time, a approximately KRW 2,437,84 of the repair cost did not immediately stop and take necessary measures, even though he damaged the said vehicle to the extent that the vehicle was damaged.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement of I;

1. The actual condition survey report;

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

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 crime committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Extent of recommending punishment) : The mitigated area after traffic accidents;

(b) The sentencing criteria for the crime of violation of the Road Traffic Act are not set;

(c) Handling of multiple crimes: Offenses for which the sentencing criteria have been set for not less than six months.

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