logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2015.06.04 2015고단353
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 of Category C cargo vehicles.

On March 6, 2015, the Defendant driven the above cargo vehicle on March 6, 2017, and proceeded at approximately 337 Sbobol 37 SbOs, as the Sinnam-si Sinsan Pream, using the front road of the department store from the cross-obol-distance flood area to the general market slope, at approximately 60 km each other at a speed of 5 km.

In order to avoid the accident, the Defendant, who is engaged in driving of freight cars, committed as is, without neglecting the duty of care to ensure the safety of pedestrians and other vehicles, accurately operate steering and brakes, and prevent the accident by accurately operating the steering direction and steering devices, and then discovered the victim D (52 years old) who was seated in front of the first direction and took urgent action to avoid the accident at that time. However, the Defendant escaped without taking necessary measures such as rescue of the victim after receiving the victim's head, etc. from the front offender of the said cargo vehicle due to the lack of such measures, and escaped without taking necessary measures such as aiding the victim's head, etc., at around 03:52 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes concerning autopsy reports and field photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the following circumstances):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the following)

1. The range of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] the range of the recommended sentence [the range of the recommended sentence] shall be the category 3 (Death after Death, etc.) (one year and three months to four years) of the Special Mitigation Zone (the victims of special mitigation shall also be negligent in the occurrence of traffic accidents or the expansion of damage.

arrow