logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2013.09.25 2013고단209
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 passenger car even in B.

Around 21:50 on April 21, 2013, the Defendant driven the said car, and proceeded along the junctic zone from the beginning of the Sinculation to the “em” side of the Dong name with the two-lanes between the two-lanes, and led to the alteration of the two-lanes to the one-lane.

At the time, the road was set at night, and there was frequent traffic of vehicles. In such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to safely drive the motor vehicle to prevent the accident in advance, such as checking whether there is a vehicle that is driven by the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and failed to avoid the D Launta taxi that was driven by the victim C (the 39-year-old) who was driving in the same direction as it was due to the negligence of changing the lane, and received the front part of the said taxi that was driven by the victim as a part adjacent to the left side of the said car that the Defendant driven.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim C, such as brain salva, which requires treatment for about two weeks, and suffered injury to the victim E (the victim E (the 17-year-old passenger) who is in need of treatment for about 20 days, such as base salt and tension, etc. at the same time, and went away without taking necessary measures, such as immediately stopping the said taxi owned by the victim F while destroying the 3,956,168 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Actual condition survey report and on-site photographs of traffic accidents;

1. Written estimate of general repair expenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the criminal facts;

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

1. Selection of penalty;

arrow