logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.11.20 2018고단2858
특정범죄가중처벌등에관한법률위반(도주치상)
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

On March 28, 2018, the Defendant driven a rocketing car at around 21:44, and led to the progress of the front road of Geumcheon-gu Seoul, Geumcheon-gu, Seoul to the low-carbon apartment room on the side of the river.

At the time, since it was used as a pedestrian at night, there was a duty of care to prevent accidents by driving a motor vehicle with due care for the safety of pedestrians by taking into account the front side and the left side of the motor vehicle.

Nevertheless, the defendant neglected the above duty of care and did not see the right and the right and the right and the right and the right of the victim G (W, 15 years old) who walked in the front bank by negligence, and had the defendant go beyond the floor.

Ultimately, even though the Defendant suffered from an injury, such as cutting the upper frame, etc., on the five pages of the five pages of the right side in need of treatment, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The mitigated area of Class 1 (Desertion after Injury) in the mitigated area (six months to one year), [the person with special mitigation] the victim's non-criminal force (including efforts to recover damage), and the victim's injury is not less easily recognized, and the defendant has a heavy nature of crime by escaping as it is, even though the accident was clearly recognized.

Provided, That the guardian of a victim may agree with the guardian of the victim.

arrow