logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.07.19 2019고단1776
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On April 18, 2019, the Defendant entered the 174 middle Korean intersection from the intersection of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the front line of the Republic of Korea.

The location is a section where a revolving intersection is installed, and if a driver has already entered the intersection by accurately examining the situation of traffic on the left and right while driving along the intersection before entering the intersection, the driver has a duty of care to safely proceed after he/she yields the course to the vehicle.

Nevertheless, the Defendant, by the negligence of entering the intersection as is, had already been driven by the victim C(the age of 86) who had already entered the intersection and is driving by the victim C(the age of 86).

Ultimately, around April 18, 2019, the Defendant caused the victim to die due to serious brain damage at the F Hospital located in the Jung-gu Daejeon, Daejeon on April 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual investigation report, the death certificate, and the investigation report (the details of the inspection direction, and the attachment of black CDs);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence refers to the occurrence of the instant accident by entering the intersection without yielding the course to the damaged ozone. However, the fact that the Defendant has no particular power, recognized the mistake, and reflects it, that the Defendant has agreed with the bereaved family members, that the Defendant has subscribed to comprehensive motor vehicle insurance, that the victim's negligence appears to have contributed to some of the instant accident, and all other circumstances, such as the Defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc.

arrow