logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2020.10.30 2020고단439
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving B B-II cargo vehicles.

On October 20, 2019, the Defendant driven the above cargo vehicle on October 11, 201:08, and got 19.4 km away from the sloping to the 19.4 km away from the sloping to the 2-lane.

At all times, the victim C (ma, 60 years old) has been leading the victim to drive the vehicle on the side due to the breakdown of the vehicle, scambling the motor vehicle on the side, and in such a case, the driver of the motor vehicle has a duty of care to properly manipulate the steering system, steering system, etc. of the motor vehicle and to make the victim damage by accurately manipulating the steering system, steering system, etc. of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to view the operation connected to the mobile phone, etc., and neglected to continue the operation of the previous city, and thereby got the victim’s sold as the backper of the freight driven by the Defendant’s driver.

Ultimately, even though the Defendant suffered injury by the victim, such as the alley chief and the open body, etc., for about 10 weeks of treatment, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. On-site map, on-site survey report, and on-site photograph of the accident site;

1. Application of Acts and subordinate statutes to report internal investigation (the details of receipt of an accident and the details of the first report of a suspected person), report of internal investigation (victim C telephone conversations), and report of internal investigation (victim C medical certificate)

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the choice of punishment, and Article 268 of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Six to fifteen years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);

arrow