logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.11.17 2017고단1062
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above punishment shall be suspended for 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 a horse vehicle with C.

On June 14, 2017, the Defendant driven the above vehicle at around 22:30, and led to the front of the new main apartment road at the Pyeongtaek-dong at the macro-si, the front of the new main apartment road at the Pyeongtaek-dong at the time of the macro-si.

Since vehicles are parked on the right side of the driving direction and the passage of pedestrians is frequent, a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles by accurately manipulating the front side and the left side and the right side, and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected to do so and neglected to operate the steering gear on the front side of the instant horse, and caused the back part of the EMW vehicle owned by the victim D, which was parked in front of the said horse vehicle by negligence without accurately operating the steering gear, and the body part of the victim F (47 tax) who was walking on the road at the right side of the Defendant’s running direction was shocked by the front part of the said horse vehicle.

As a result, the Defendant destroyed the above BMW vehicle repair cost of KRW 10,286,205 due to the above occupational negligence, and caused non-products from the spread of the vehicle. Although the Defendant suffered injury to the victim F, the victim F, who was in need of approximately four weeks of medical treatment, he tried to immediately stop, and failed to rescue the victim and take necessary measures for preventing danger on the road and ensuring smooth communication.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a report on a traffic accident, a photograph related to a traffic accident, and a written statement on the occurrence of a traffic accident;

1. Written estimate for the maintenance of motor vehicle inspection and written estimate for the cost of repairing insurance;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding criminal facts (the main text of the Act).

arrow