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(영문) 울산지방법원 2015.01.16 2014고단3378
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for 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 BP car.

On October 4, 2014, the Defendant driven the above car and proceeded to turn to the left at a speed of about 20 km at the speed of about 20 km from the offside of the agricultural and fishery product market to the remote distance of the agricultural and fishery product market in the south-gu Busan Metropolitan City.

At this point, there was a center line of yellow solid lines, so in such a case, the driver has a duty of care to safely drive the car and prevent the accident in advance by safely driving the car.

Nevertheless, the Defendant neglected this and tried to dex C&200h car driven by the injured party C, who is driving along one lane on the right side of the vehicle at the end of the Mashner, and is driving along one lane on the left side, and received the front and rear parts of the Masch Rexroth vehicle in front of the right side of the above Mashner vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the pertinent victim, such as catum cat, which requires treatment for about two weeks, and at the same time, destroyed the said D-car to have approximately KRW 4,947,778, and escaped without immediately stopping it, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Written estimate;

1. Application of the actual survey report and photographs related Acts and subordinate 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;

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing) 1.

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