logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2020.11.13 2020고단1176
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a franchise-low driver car in violation of the Aggravated Punishment, etc. of Specific Crimes Act;

At around 21:12 on January 30, 2020, the Defendant proceeded at a speed of 68 km in speed from the right angle to the two-lanes from right angle to right angle.

In such cases, the driver of the vehicle has a duty of care to see the front side and accurately operate the steering system, brake system, etc. of the vehicle.

Nevertheless, the Defendant neglected the duty of her front view and proceeded with a string of the same direction by negligence, leading the bicycle at the edge of the two-lane road in the same direction, and led the victim E (ma, 25 years old) to use the bicycle on the two-lane road along with the bicycle, by shocking the front right-hand part of his vehicle and the bottom of the headlight.

Ultimately, the Defendant, by negligence, neglected to perform such duty of care as above, sustained injury to the victim due to brain damage and sustained injury to less than the need for continuous medical treatment, and a serious injury to cerebral cerebral in which there is no open two inner address, and escaped from the scene without any measure.

2. The Defendant, like paragraph (1) of the Road Traffic Act, went away from the scene without taking any measures despite the occurrence of traffic danger, as the Defendant caused a traffic accident, resulting in the victim E being destroyed on the street, and the bicycle and the accident vehicle scrap on which the victim was aboard were scattered on the street.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. A traffic accident report and an investigation report on the scene of the accident (No. 18 No. 1);

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 and Articles 148 and 54 (1) of the Road Traffic Act concerning the criminal facts;

1. The punishment of specific crimes under Articles 40 and 50 of the Criminal Act is aggravated.

arrow