logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.03 2014고단7814
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 Clearning car.

On July 18, 2014, the Defendant driven the above car on July 17, 2014, and proceeded along four-lanes from the southwest of the Han River Zone to the northwest of the Han River Zone in Dongjak-gu Seoul Metropolitan Government Nowon-gu.

In this case, a driver of a motor vehicle has a duty of care to live well on the front side, and to operate the motor vehicle safely by properly operating the steering gear and brakes in line with road traffic conditions.

Nevertheless, the Defendant did not properly examine the front section of the passenger vehicle operated by the Defendant, which was driven by the victim D (year 41) who was under the front section due to the traffic condition due to the negligence of failure to properly operate the front section, and led to the shock part of the front part of the passenger vehicle operated by the Defendant.

As a result, the Defendant suffered injury to the victim, such as light fluoral salt fluor, which requires two-day medical treatment due to the above occupational negligence, and at the same time, the Defendant destroyed the fluor's car to move in KRW 1,480,618, such as the exchange of back fluorers, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to a photograph by cutting a black stuff image;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act (the point of view of measures not taken after accidents) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The suspended execution reflects his mistake under Article 62(1) of the Criminal Act, the degree of damage is relatively minor, and the insurance is a considerable part.

arrow