logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2016.04.28 2016고단131
특정범죄가중처벌등에관한법률위반(도주차량)등
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 engaging in driving a DNA vehicle B.

On November 26, 2015, the Defendant driven the above vehicle at around 23:50 on November 26, 2015, and led to the flow distance from the area of the Gu office of the Sungnam-si to the area of Gwangju-si.

Since there is a lot of crossings in which the passage of vehicles is frequent, there was a duty of care to safely drive the vehicle by checking the right and the right of the front and the right of the vehicle.

Nevertheless, the Defendant neglected to do so while driving a cell phone, neglected to do so, and neglected to stop the vehicle in front of the Defendant’s vehicle in front of the Defendant’s vehicle, thereby taking the victim C (V, 38 years old) who was waiting in front of the Defendant’s vehicle, thereby causing injury to the victim, such as crums and tensions requiring approximately four weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as immediately stopping the vehicle in front of the Defendant’s vehicle and providing rescue to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to a survey report on actual condition, traffic accident occurrence report, diagnosis certificate, and written estimate;

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 the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that an agreement has been made with the victim and a mistake has been reflected in the investigation agency and voluntarily surrenders to the investigation agency

1. The Criminal Act, such as the protection and observation, community service and order to attend lectures;

arrow