logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.02.13 2012고단1683
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three 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 a bus No. 703.

On November 6, 2012, the Defendant driven the above bus on the 23:55 square meters, and proceeded from G located in G to G “H” at a distance of 300 meters away from G to the breadth of light coal at a speed of about 60km from the side of repair to the breadth of light coal.

At night, it was the first-way road, which did not turn on street lights, and thus, the driver of the vehicle has a duty of care to prevent accidents in advance, such as maintaining the car line well for those engaged in driving the vehicle, maintaining the right and the right of the front, reducing the speed, etc.

Nevertheless, the Defendant did not discover the victim I (year 52) who was in the vicinity of the center line due to the negligence that was driven by the Defendant while driving over the center line or neglecting the front of the center line, and did not discover the victim I (year 52) and took the head head part of the bus with the front front of the center line.

Ultimately, the Defendant, by the foregoing accident, had the victim die at the scene of the accident due to two pelkes, brain fever, etc., left the scene of the accident immediately and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. A legal statement made in part appropriate to the defendant's statements;

1. Each legal statement of the witness J, K, L and M;

1. Each police statement made to N orO;

1. A traffic accident report;

1. An accident site photograph;

1. A written result of autopsy;

1. Each report on requests for appraisal (NA results and results of autopsy);

1. Application of the bus screening and video-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. An order to attend a course under Article 62-2 of the Criminal Act;

arrow