logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.05.21 2020고단268
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 B-to-car.

On December 8, 2019, the Defendant driven the said car at around 05:25 on December 8, 2019, and led to the direction from the E-Dong to Ddong, Seo-gu, Daejeon.

In such cases, the driver has a duty of care to properly see the front left, and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and went on the left side of the Defendant’s driving direction, which led to the shock of the part of the Victim F(40 years of age), such as the Defendant’s f (40 years of age), which was under influence on the left side of the Defendant’s driving direction.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to brain deads, etc. without any open room in the head requiring medical treatment for about three weeks, and did not immediately stop and take necessary measures, such as aiding and aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of each police officer made to F and G;

1. A medical certificate (F);

1. Application of the Acts and subordinate statutes governing CCTV images, such as reporting on the occurrence of a traffic accident, reporting on a traffic accident (1) (2) and photographs at the scene of the accident;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

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

1. Extent of recommendation [decision of type] according to the sentencing guidelines for traffic crimes: The recommendation field shall also be made where the victim has been negligent due to the occurrence of a traffic accident or the expansion of damage, after the occurrence of a traffic accident (special sentencing).

arrow