logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.07.03 2013노1184
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victims of misunderstanding of facts or misunderstanding of legal principles merely sustained minor injuries to the extent that it is not necessary to take relief measures, and the defendant did not recognize that the victims suffered bodily injuries, and the defendant did not escape later after the accident, with the agreement with the victims, even though he did not return home after the accident.

Nevertheless, the judgment of the court below which found the charge guilty is unfair.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, one year of suspended execution, one year of community service, 80 hours of imprisonment) is too unreasonable.

2. The summary of the facts charged is a person engaging in driving CK5 vehicles.

On March 23, 2013, the Defendant driven the above vehicle on March 23, 2013, and proceeded along the first lane from the northwest of the Mayangdong, Mapo-gu, Seoul to the southwest, while changing the lane.

When a person engaged in driving of a motor vehicle intends to change the vehicle line, he/she has a duty of care to operate the direction direction, etc. to give prior notice of the change of course and to check the traffic situation of the front and rear left.

When the Defendant neglected this and neglected to change the vehicle line, the victim D (the age of 34) driven by the victim D (the age of 34) who is driving in the same direction as that of the horse was driven by the Defendant, and the left-hand door of the vehicle was received as the right-hand door of the Defendant vehicle.

The Defendant, by such occupational negligence, sustained injury to the victim D, such as salt, tension, etc. in need of medical treatment for about 14 days, and injury to the victim F (F, female, 31 years old) who was on board the damaged vehicle, such as clock, tension, etc. in need of medical treatment for about 14 days, and escaped without any necessary measures such as providing relief to the victim.

3. The provisions on the aggravated punishment of drivers of escape vehicles under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes are the public interest of traffic safety.

arrow