logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.06.04 2013고단2032
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA car.

On April 26, 2013, at around 08:50, the Defendant driven the said car with a blood alcohol concentration of 0.175%, and proceeded at a non-fluent speed, depending on three-lanes in front of the color natural SKcellp oil station in the area of the Suwon-si.

Since the defendant was followed by the bicycle driven by the victim E (74 years old) prior to the same direction, he had a duty of care to prevent a bicycle and a traffic accident prior to being examined well.

Nevertheless, the defendant, who neglected the alcohol, received the rear part of the bicycle from the front part of the defendant's driver's vehicle by negligence and caused the victim to go beyond the road.

Ultimately, the Defendant, by such occupational negligence, caused the death of the victim at the same time, and even if the market price owned by the victim was damaged, she immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on detection of a host driver;

1. A written result of autopsy;

1. Photographs related to the case;

1. Application of Acts and subordinate statutes to suspect photographic photographs;

1. Article 5-3 (1) 1 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, Articles 148-2 (2) 2 and 44 (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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

arrow