logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2014.02.19 2013고단359
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 car in Cknife.

On October 7, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.092% 0.092% around 19:30 on October 7, 2013, and driven the said car into the ebbbbb of the eblurg of the eblurg in the entrance of Taenam-do Interlurg, the eblurg of the eblurg,

At the time, there is a night and a place where the center line of the yellow-ray is installed, so a person engaged in driving motor vehicles has a duty of care to accurately operate the steering gear and the brake system and to safely operate the motor vehicle with the duty of care.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line with the negligence of driving the center line, and received the victim D (the age of 47) from the left knifer and the free knife of the driver's knife.

The Defendant, due to the above occupational negligence, suffered injury to the victim, such as the impairment of the face requiring treatment for about two weeks, and at the same time, destroyed the said low-speed car owned by the victim to reach an amount equivalent to KRW 971,036, and escaped without taking necessary measures, such as providing relief to the victim, even though it immediately stops.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. A medical certificate (D);

1. Written estimate for checking and maintaining motor vehicles;

1. Application of evidence on the scene of accident-related Acts and subordinate statutes;

1. Relevant Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, 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 (the point of failing to take measures after an accident);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of a Do driving vehicle) of the same Act.

arrow