logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2013.04.12 2012고단1180
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three 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 of Lone Star or Gohap.

On November 18:36, 2012, the Defendant driven the above vans and proceeded at a speed of about 70 kilometers from the west-si to the west-si surface, depending on the two-lanes in front of the entrance of the south apartment, which is in the chief Dong in Seosan-si, Seosan-si.

Since there are frequent traffic of vehicles or people, and there is no need to get off the vehicle at the time, so there was a duty of care to drive safely by accurately manipulating the steering gear and operating the steering gear.

Nevertheless, the Defendant did not discover the victim D (e.g., 61 years of age) who was protruding on the right side of the direction of the process due to negligence that neglected the above duty of care, and did not take measures such as immediately unloading the victim and checking the condition of the victim, even though he did not receive the victim from the front side of the above mix, and caused the victim's death from the said side to the low-blood shock shock.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual condition of a traffic accident, on-site and photographs of the accident vehicle, and a report on the occurrence of a traffic accident;

1. Application of the Acts and subordinate statutes to body autopsy reports and photographs of the deceased;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime. Article 5-3 (Selection of Imprisonment with Labor)

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the vehicle has subscribed to a comprehensive insurance and agreed with the bereaved family members of the victim, that recognizes and reflects the instant crime as an initial offender, and that the vehicle voluntarily surrenders after the commission of the crime);

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

arrow