logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.04.09 2014고단287
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 Bchip car.

At around 00:15 on December 27, 2013, the Defendant moved bypass the intersection of the flow distance at a speed of 20km per hour from the river basin of the water source to the water-flow distance at a speed of 20km per hour.

At this point, there was a duty of care to prevent accidents by making a bypass the vehicle that is proceeding at the intersection through thorough examination of whether a person engaged in driving of a motor vehicle is a motor vehicle through an intersection with frequent traffic.

Nevertheless, the Defendant neglected to do so and neglected that, at the time of the bypassing, got off the part of the victim C(46 years old) driving in front of the right-hand part of the car, which was going to cross-section in accordance with the normal signal, from the cross-section off of the set survey distance at the time of the time.

Ultimately, the Defendant suffered injury to light salt, etc. for about two weeks in need of medical treatment due to occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the car and without taking measures such as providing relief to the victim, etc. so that the repair cost, such as the exchange of front pans, would be equivalent to KRW 1,486,156, such as repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of the police statement regarding C;

1. A medical certificate;

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, 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., confession, reflectivity, and fines, in addition to punishment, no special criminal record exists, and the fact that an agreement has been reached with the victim);

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

arrow