logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2016.03.22 2015고단641
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 8, 2015, the Defendant driven the above cargo vehicle around 14:00 and got to turn to the left at an elementary school of half month from the off-distance to the front of the Seosan District in the calendar month of Seosan.

At all times, signal lights and crosswalks are installed on the front door, so in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to see well the right and the right and the right and the right and the right and the duty of care to operate safely in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front part of the above cargo vehicle in which the Defendant is driving the victim C (13 ) who was a victim of the crosswalk in accordance with the mash walking signals when he was negligent in violating and proceeding with the vehicle stop signal.

As a result, the defendant suffered from the injury of the victim, such as the influence in the right-hand part, which requires treatment for about two weeks, and immediately stopped and escaped without taking necessary measures such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. A medical certificate;

112 Application of Acts and subordinate statutes to the 112 Patrol Sctv video description for the purpose of crime prevention;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and choice of imprisonment with prison labor;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the following grounds for sentencing) of the mitigated amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the period of recommendation) of the suspended sentence [the grounds for sentencing] of the Act on the Suspension of Execution (the period of recommendation]: Type 1 (the period between August and January 6) in the basic area (the period between August and January 6) of the Act on the Suspension of Execution (the period of special mitigation): In the event of minor injury, (1) in the event of the occurrence of minor injury, the proviso of Article 3(2) of the Act on the Special Cases to the Union.

arrow