logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 의성지원 2014.12.18 2014고단260
특정범죄가중처벌등에관한법률위반(도주차량)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 two 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 a Cunst-Pacific cargo vehicle.

On August 15, 2014, at around 20:35, the Defendant continued to run a long-distance intersection, at the location of each third-party soil, which is located in the West-gun, Seo-gun, Sung-gun, Chungcheongnam-gun, Seo-gun, Seo-do, Seo-do, at each third-party bank.

At this point, there was a duty of care to prevent accidents by entering the intersection after living well the left and the right of the driver of the vehicle through an intersection without signal, etc.

Nevertheless, the Defendant neglected this and went to the right from the left side of the proceeding direction due to negligence that did not well see the left and left, and received the part of the victim D(S)'s driving EK5, which took place on the right side of the vehicle, following the right side of the vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim and the partner F of the said passenger vehicle (n, 48 years of age) by each of the three weeks’ medical treatment, and at the same time, the Defendant destroyed the said passenger vehicle to fall under KRW 739,000, and escaped without immediately stopping the said vehicle and without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a survey report on actual condition, each written diagnosis, and written estimate for automobile repair;

1. 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 concerning the crime committed;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of the reason for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures (unfavorable circumstances) - The offense of this case is bad, and the defendant is not bad.

arrow