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(영문) 울산지방법원 2013.04.12 2013고단379
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 a period of 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 car B i30.

On December 22, 2012, the Defendant driven the above car on December 19:3, 2012, and driven it at a speed of about 30 km in the speed of 30 km from the front side to the front side of the three-lane Do road in Ulsan-gu, Ulsan-do.

At the time, since it is night and a place of signal, etc., the driver has a duty of care to live well well in the front line and drive safely by properly observing the signal.

Nevertheless, it did not neglect this and did not see that the Do-high vehicle driven by the victim C (Woo, 32 years of age) who was in the process of driving is still parked according to the red stop signal, and the above i30 vehicle was placed in the front part of the car, and the above 130 vehicle was placed in the lower part of the vehicle.

As a result, the Defendant suffered from each injury to the victim C and the victim E (the fourth-year-old person) who was on board the said passenger car by the above occupational negligence in order to provide approximately two weeks medical treatment, and at the same time, the Defendant attempted to escape without taking necessary measures for traffic accidents, such as immediately stopping, even though the Defendant damaged the above-mentioned passenger car owned by the victim C to move about about KRW 1,494,910, such as the exchange of panions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. The actual condition survey report;

1. Each written diagnosis;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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