logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.08.21 2014고단2268
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On March 20, 2014, the Defendant driven the above taxi on March 20, 2014, while driving the 00:25-lane of the 105-lane, Hancheon-gu, Seoul, and driving the 23-lane road along one-lane in the direction of the monthly driving distance, and driving the 23-lane of the 23-lane of the 105-lane in the direction of the monthly driving distance along the one-lane of the 2-distance driving distance, the Defendant did not find the victim D (the South, the 32-lane) who was dried along the crosswalk from the right side of the 82-km course due to the occupational negligence of the Defendant, in violation of the duty to stop at a speed of 22 km at a speed of 82 km and caused the victim to go beyond the road after receiving the victim from the front part of the above cab.

On March 20, 2014, around 10:50 on March 20, 2014, the Defendant caused the victim to die with cerebral brain function maths by acute cerebral cerebral typosis at the Dobong-ro 308 Korean Hospital in Dobong-gu Seoul, Dobong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Reports on the occurrence of a traffic accident;

1. A death certificate;

1. On-site evidentiary photographs;

1. Application of the Acts and subordinate statutes on black stuffs and video CDs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

Reasons for sentencing

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence for the sentencing guidelines / [type] traffic crimes, general traffic accidents, and death of traffic accidents (type 2): Rabling that has considerable negligence on the occurrence of traffic accidents, etc., and not subject to punishment (including serious efforts to recover damage) (the scope of the recommended sentence] April-10 (the area of mitigation);

3. The sentencing decision defendant neglects his duty of care and neglects his duty of care in advance and exceeds the speed of restriction.

arrow