logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2013.04.10 2013고단638
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 of CPoter 2 cargo vehicles.

On February 27, 2013, the Defendant driven the above cargo vehicle on February 19:15, 2013, and driven the three-lane road in front of the substitute logistics in Busan-gun's Articles of Incorporation, Busan-gun, along two-lanes from the side of the bank to the parallel of three-lanes.

At the time, since the vehicle was at night and the vehicle was in full time, there was a duty of care to prevent the accident in advance by operating direction direction, etc. in advance to the driver of the vehicle, and by driving the vehicle safely while considering the traffic situation of the front and rear left, it was a duty of care to prevent the accident.

Nevertheless, the defendant neglected this and changed the two lanes from the two lanes to the three lanes as they were, and the victim D (the age of 39) driving in the three lanes has been placed in the right side of the above cargo vehicle of the defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained bodily injury to the victim, and at the same time, escaped without taking necessary measures, such as providing relief to the victim, even though the Defendant destroyed and damaged the passenger car to be in excess of KRW 579,466, the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Application of the written estimate statutes;

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, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Selection of the penalty;

arrow