logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.03.10 2016고단62
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a third car.

On November 16, 2015, the Defendant driven the said car under the influence of alcohol content of 0.135% among blood transfusions on November 16, 2015, and led the Defendant to drive the said car along one lane in the vicinity of the E Hospital located in Gwangju-gu, Seo-gu with four-lane roads in front of the E Hospital located in Gwangju-gu.

Since there is a crosswalk on which signal lights are installed at a front door, in such a case, the driver had a duty of care to check whether there is a person who gets on the crosswalk, and to safely drive the crosswalk in accordance with the new code to prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the victim to go beyond the victim by taking the right-hand bridge part of the victim F (34 cm) with the above crosswalk in accordance with the pedestrian signals from the left-hand side of the direction of the defendant's proceeding by the negligence of proceeding in violation of the signal.

Ultimately, even if the Defendant suffered injury to the victim, such as the “satons and tensions,” which requires approximately three weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, reports on the detection of drivers at home, circumstantial statements of drivers at home, medical certificates, and photographs related to accidents;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order and the like;

arrow