logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2017.08.23 2017고단423
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of dump truck trucks.

On April 18, 2017, the Defendant driven the above cargo vehicles around 16:38, and was so on and off from the string-ro, Bohyeong-ro, Bohyeong-ro, Bohyeong-ri.

From the street to the court of Bo-si, the speed of about 20 km at the speed of 30 km depending on one lane among the third-lane roads.

In this case, a person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeds as it is, and thereby, went through two lanes.

From the street to the Seoul cultural center, the victim was driven by the victim C, who was driving by the victim C, who was driving a bicycle from the street to the center of culture, and was employed by the victim over the floor after being driven by the cargo driver.

As a result, the Defendant caused the death of the victim C due to the above occupational negligence by the 17:56 Boan-si death of the 136 Boan-si on the same day, resulting in the death of the victim C due to chest trauma at the Asan Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to traffic accident reports and death diagnosis reports;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The purpose of the crime of this case is the first offender, the first offender, and the details of damage agreed with the victim's bereaved family members.

arrow