logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2013.06.21 2013고단941
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

A. At around 18:45 minutes on March 23, 2013, the Defendant of the Aggravated Punishment, etc. of Specific Crimes (U.S.A.) and the Road Traffic Act (U.S.A.) were proceeding at a speed of about 50-60 kilometers per hour at a speed of about 50-60 kilometers per hour in the direction of the A.S. sports park in the direction of the A.S. sports park.

Since there is an intersection where signal, etc. is installed, a person engaged in driving service is responsible for the failure to take a duty to safely drive pursuant to the signals by reducing speed and by neglecting the duty to safely drive pursuant to the signals, even though he/she had a duty to safely drive pursuant to the signals, and by failing to comply with the stop signal, and thereby, the victim C driver who left the above intersection was faced with the front side of the victim C driver's driving vehicle, resulting in an injury to the victim and the victim E of the damaged vehicle for each two weeks period of medical treatment, and at the same time, the damaged vehicle was damaged to repair the damaged vehicle without taking measures such as providing relief to the victim.

B. The Defendant, without a driver’s license of the above paragraph (a) of the Road Traffic Act, driven the said vehicle within a section of about 40 kilometers from the front of the 536-3 Do in Ansan-si to the intersection of approximately 753 Myeon-dong, Ansan-si without a driver’s license of the said paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (2);

1. Registers of driver's licenses;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act related to the crime, 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 (the point of failure to take measures after causing a loss by occupational negligence) 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. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

arrow