logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.12.19 2013고단2665
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obane.

On September 3, 2013, at around 01:40, the Defendant driven the above Otoba while under the influence of alcohol of 0.123%, and driven the road 240-64 in front of Mapo-gu Seoul, Mapo-gu, Seoul, at a speed that would not be known by one lane from the south-dong community service center to the East-dong.

In such cases, there was a duty of care to prevent accidents in advance by ascertaining whether a person engaged in Otoba driving is a person who fright well.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to perform the duty of front-time care, and instead negligently driven the road from the right-hand side of the running direction to the left-hand side of the victim C (the age of 29) who crossed the road to the left-hand side of the road, and caused the victim to go beyond the floor.

The Defendant, by negligence in the course of performing the above duties, went away without stopping the victim and taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. C’s statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment with prison labor;

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 (the points agreed upon and reflected therein);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

arrow