logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2015.04.23 2014고단1224
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.

On July 12, 2014, the Defendant driven the above cargo vehicle on July 16, 2014, and continued to drive approximately 50-60 km from the surface of the sloping-si to the sloping-si.

At this point, there is no center line, and the width is narrow from the defendant's right side (4.2m wide) and the road is bended to the right side by the defendant's right side, so there was a duty of care to prevent accidents in advance by driving safely, such as driving a vehicle or a pedestrian coming from the side to the driver of the vehicle.

Nevertheless, the Defendant neglected this and discovered the victim in advance, but did not give a full speed, and did not give a proper view to the front side of the road that the Defendant passed as it was due to negligence, and received the front part of the driving of the victim E(Age 72) from the front part of the cargo vehicle of the Defendant driving.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body body body in need of approximately 12 weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant, even after having damaged the above 1,480,000 won for repair expenses, did not immediately stop and take measures such as providing relief to the victim, and had the victim escape without taking any measures such as providing relief, etc., and caused the victim’s death from the Danam University Hospital located in the Daejeon-gu culture on July 11, 192 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs and on-site records;

1. Application of the written estimate, written diagnosis of death, and the Acts and subordinate statutes on the photograph of a person suffering from office;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.

arrow