logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2016.02.16 2015고단1093
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 13, 2015, the Defendant, who is engaged in the operation of the Pursom vehicle, was driving the above vehicle at around 18:32 on October 13, 2015, and was driving the front road of the E company in Sacheon-si D in the direction of 3,000 port from the shooting distance.

In such a case, the defendant, engaged in driving of a motor vehicle, has a duty of care to prevent accidents in advance by safely operating the steering gear, such as accurately operating the steering gear and steering gear, while neglecting the duty of care, and instead neglecting it, led the driver F (the age of 86) who was driving the motor vehicle in front of the motor vehicle driven by the defendant, while driving the motor vehicle.

The Defendant, by such occupational negligence, caused the death of the victim of a diversative frame in the same place, but immediately stopped and escaped without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Each report on internal investigation (as regards the on-site conditions, specific identification of the damaged vehicle and suspect);

1. A death certificate;

1. Application of Acts and subordinate statutes governing the scene photographs of each accident, the making of a whistle, and the photograph of a melting vehicle;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of the sentence [the range of the sentence to be recommended] the three types of escape [the escape (the escape after the death or death)] shall be mitigated (two to four years] (the period from June to April). The punishment is not suspended (including the efforts that led to the recovery of damage);

2. The case in which the defendant who was sentenced to a sentence violated his duty of care, such as driving at a roadside.

arrow