logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2015.10.16 2015고단804
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 duties of K5 cars.

On August 2, 2015, the Defendant, without obtaining a driver's license, driven the above car at around 23:30 on August 2, 2015, and driven the two-lane road in front of the treatment steering line in Aju-dong at a macroscoping, along a two-lane road from the edge of the rooftop to the edge of the parallel.

In this case, a driver of a motor vehicle has a duty of care to accurately operate the steering direction and brake system under the influence of the driver of the motor vehicle thoroughly.

Nevertheless, the defendant neglected this and led the victim C(29 years old) driving who is waiting for a signal signal at the bend of the bend of the car and received the back part of the car as the front part of the car.

Ultimately, the Defendant committed an occupational negligence, thereby resulting in an injury to the victim E (the age of 27) who won a car, such as salt, tension, etc. in need of a two-day medical treatment, and at the same time, escaped without taking measures such as immediately stopping the car and providing relief to the victim, even if it damages the car and damages the car in excess of KRW 1,878,380.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Current status survey report and the register of driver's licenses;

1. Application of Acts and subordinate statutes to repair estimates and diagnostic certificates;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.

arrow