logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.03.29 2015고단99
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

피고인은 C 포 르 테쿱 승용차의 운전업무에 종사하는 사람이다.

On September 13, 2014, the Defendant driven the said car at around 02:55, while driving the said car, led to the passage of the road in front of the building in the Sungwon-si, Sungwon-si from the direction of the “Cheongjin-si Sea State” to the “subdivided Park”.

Since there was no delivery separated from the road, and the passage of pedestrians is frequent at the time, there was a duty of care to properly operate and safely proceed with the steering service of the motor vehicle by properly operating the steering and brakes while living well in the vicinity of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not keep a sufficient distance from the victim E (27) who was walking the Defendant on the right side of the Defendant living together with the Defendant, and driven the Defendant as it was without any sufficient distance from the victim E (27 years) at the right side of the Defendant living together with the front right side of the said car, and suffered the injury of the victim, such as salt pans, etc. in the part of a brut that requires approximately two weeks medical treatment, and escaped without immediately stopping and taking necessary measures, such as rescue of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Each police statement made to E, F, and G;

1. A survey report on actual conditions;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] - The area of special mitigation (from March to October) - the lower limit of six months, which is the lower limit of the applicable sentences under the law (the special mitigation person], in a case where a minor injury occurred (including (1) and (2) , and the sources of punishment not imposed (including a serious effort to recover damage) (the decision of sentence).

arrow