logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2015.11.12 2015고단682
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

Reasons

Punishment of the crime

At around 03:20 on July 14, 2015, the Defendant: (a) driven a gallon vehicle in front of the Dju station located in Northern-gu C at the port; and (b) obstructed the two-lanes of the two-lanes of the two-lanes, and sent from the Si/Yan Eup, the Defendant did not discover the victim F who walked along the road at the right side of the Defendant’s vehicle due to occupational negligence, and did not discover the road at the right side of the vehicle, and did not take necessary measures, such as aiding the victim’s body and head part and aiding the victim to suffer a galle, and aiding the victim to rescue the victim; and (c) caused the death of the victim from the two-lanes of the road.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant laws concerning criminal facts, Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of limited imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 (see, e.g., sentencing) of the Criminal Act for discretionary mitigation (see, e., Supreme Court Decision 2009Da14448, Apr. 2, 2009) is that, after traffic accidents, the victim is also responsible for the occurrence of the accident, such as walking along the new wall that the victim led to the occurrence of the accident and the expansion of the damage, in the event that there is considerable negligence in the occurrence of the traffic accident or the expansion of the damage, the victim is also responsible for the occurrence of the accident, such as: (a) the defendant returned to the scene after the occurrence of the accident; and (b) the defendant took the number of self-employed persons from the scene after the occurrence of the accident; and (c) the defendant is insured by the comprehensive motor vehicle insurance.

arrow