logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.11.10 2015고단1444
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed 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 CM5 car.

On August 18, 2015, the Defendant driven the said car under the influence of alcohol level of 0.075% on blood alcohol level at 04:40% on August 18, 2015, and led to turn to the left at the speed of about 40 km per hour at the intersection prior to the Maddrid and the Madern Apartment, the Defendant was driving the said car at the end of the front city with one lane from the front city district court.

At night, the place is an intersection without signal, so in such a case, there was a duty of care to prevent accidents in advance by properly manipulating the brake system if pedestrians appear as a driver of the motor vehicle well sees the right and the right of the front and the right.

Nevertheless, the defendant did not discover the victim D(69 years of age) who illegally crossed a road from the right side of the defendant's proceeding to the left side due to the negligence that the defendant was negligent in neglecting this and failed to properly examine the front side, and had the victim go beyond the left side of the above vehicle as the front driver of the vehicle.

Ultimately, even if the Defendant suffered from multiple trauma damage due to such occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim, and thereby, caused the victim to die due to multiple trauma damage at the 20 former North Korean University Hospital on the 06:04 preceding the same day, 06:04.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, an accident site and photograph of the vehicle, and a report on the occurrence of a traffic accident;

1. A copy of the report on detection of a drinking driver, the report on circumstances of a drinking driver, and the ledger of use of a drinking measuring instrument;

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

1. Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding criminal facts, the death by occupational negligence, etc.

arrow