logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.09.21 2017고단3039
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a knife car.

On May 29, 2017, the Defendant driven the said car under the influence of alcohol content of 0.104% among blood transfusions on May 29, 2017, and led to two lanes in the direction of the two-lane market in the direction of the two-lane market from the south-gu Incheon Metropolitan City University Hospital.

At the time, there is an intersection where signal, etc. is installed at night and at the front, so there was a duty of care to safely drive a person engaged in driving prior to entering the intersection.

Nevertheless, the Defendant neglected this and went into operation by the injured party C (52 tax) (52) who was under normal course from the right side of the running direction of the said vehicle due to negligence, disregarding that vehicle driving signal is a stop signal.

D The left side of the taxi was received from the front part of the said passenger vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained salt tensions and tensions that require approximately two weeks medical treatment to the victim, and at the same time, did not immediately stop to the taxi and escape from the taxi without taking measures such as aiding the damaged person, even though the Defendant destroyed the 2,843,184 won of repairing expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. On-site and photographs of damaged vehicles;

1. A medical certificate;

1. Written estimate;

1. Photographs;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury) and Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act (the point of drinking) concerning the crime;

1. The Commercial Concurrent Crimes Act.

arrow