logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.07.07 2016고단1545
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 B Poter cargo vehicles.

On January 27, 2016, the Defendant driven the above cargo vehicle around 15:00, and operated it to the pressure on the side of the breadth of the three-way mountain road located in the university of Jinsan-Eup at the Jinsan-si.

On the other hand, the victim C(42) driving a vehicle stopped in accordance with the new subparagraph of the vehicle was 2.5 tons T.5 tons, and in such a case, there was a duty of care to maintain the safety distance with the previous vehicle and prevent the accident due to driving.

Nevertheless, the defendant neglected this and proceeded with the above M 2.5 tons of the cargo vehicle due to the negligence of the defendant, which led to a shock of the front part of the defendant vehicle.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim C, such as light salt, etc. requiring approximately two weeks of medical treatment, and suffered injury to the victim E (the 44 years old), who was accompanied by the Defendant’s vehicle, such as knee per day, etc., which requires medical treatment. At the same time, the Defendant, while destroying the above e-mail vehicle to make it difficult for the left e-mail to take necessary measures, such as providing relief to the injured party by immediately stopping the vehicle, without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A report on investigation;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate, a copy of the records, and a written estimate;

1. Application of statutes on site photographs;

1. 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 concerning criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;

arrow