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(영문) 울산지방법원 2020.11.13 2020고단2613
특정범죄가중처벌등에관한법률위반(도주치상)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 motor vehicle B.

On May 16, 2020, the Defendant driven the above car on May 16, 2020, and led to the intersection of D High School in Ulsan-gu C from the E point to the latter side of D High School.

In this case, the driver of the vehicle has a duty of care to safely proceed after checking whether there is a vehicle driving by stopping before entering the intersection in accordance with the new code, since the signal is an intersection with a signal, and the signal in the direction of the defendant was a red-off signal.

Nevertheless, the Defendant neglected to stop and did not stop once again, and entered the intersection from the right side of the Defendant’s proceeding to the left side of the victim F.F.(56 years old) driving in the direction of the Defendant’s proceeding to the left side, and received the front side of the Defendant’s driver’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tension, etc., which requires approximately three weeks of medical treatment, and at the same time escaped without immediately stopping the said rocketing car, which is the victim’s ownership, while destroying and damaging the repair cost of KRW 1,469,268, such as the exchange of the chief door even, and failing to take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site survey report, on-site photograph, photograph of a victim, photograph of a victim vehicle, photograph of a damaged vehicle, photograph of a victim vehicle, medical certificate, estimate, each internal investigation report ( analysis of CCTV images for crime prevention against DNA, confirmation of the escape of a victim vehicle after the accident), investigation report ( measurement of the escape distance of a defendant);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.

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