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(영문) 울산지방법원 2017.02.08 2016고단4414
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A

A. On October 11, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle with the Eststren soil vehicle without obtaining a driver’s license in approximately 20km from the front of the D pharmacy located in Ulsan-gu, Ulsan-gun, Ulsan-gun, Seoul-do, to the front of the D pharmacy located in Ulsan-gu, Nam-gu, Seoul-do.

B. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination award) is a person who is engaged in driving a rocketing motor vehicle under Article 1-1(a).

On October 11, 2016, the Defendant driven the above car at around 01:50, and operated the two lanes prior to the D pharmacy in Ulsan-gu, Ulsan-gu, with the two lanes prior to the D pharmacy located in Ulsan-gu, according to the one-lane from the Ulsan-do viewing room to the Taelsan-ri plane.

At night and at the same time, the signal lights are installed, so the driver of the vehicle has a duty of care to ensure safe operation by complying with the signal and checking whether there are pedestrians in the crosswalk.

Nevertheless, the Defendant neglected to stop without obtaining a driver’s license as set forth in Section 1-A, and violated the signal by reason of occupational negligence in violation of the duty to protect pedestrians, as well as the duty to protect pedestrians of the crosswalk, and the victim F, crossing the crosswalk pursuant to the above vehicle, was shocked by the driver of the above vehicle, resulting in an injury to the victim, i.e., suffering from an injury to the victim, such as an exposure to the external shock so far as there is no address within 8 weeks in the above vehicle, while leaving the vehicle immediately and leaving the vehicle without taking necessary measures.

(c)

On October 11, 2016, after the defendant escaped from the accident as stated in paragraph 1-b, the defendant also asked the police to make a statement as if he driven the above vehicle on behalf of the defendant without a license by telephoneing to B around 08:14 on October 11, 2016. On October 11, 2016, the above B was only B and the above car was made on behalf of the defendant.

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