logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2017.03.10 2016고단2635
교통사고처리특례법위반(치사)
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

However, the above sentence shall be executed for a period of 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 a car in B SP area.

On October 5, 2016, around 19:00, the Defendant had the front road of the “Del” located in Asan-si C, Asan-si, proceeding from the hot spring hole to the south mountain hole.

Since the place was installed with a temporary stop line and the road and the sidewalk are not separated, there was a duty of care to safely drive a motor vehicle, such as making a temporary stop before driving the motor vehicle.

Nevertheless, the Defendant neglected this and went beyond the road to the damaged person by shocking the victim E (88) who walked on the road on the left side of the direction of the running of the marina by negligence of the Defendant.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die due to the injury of the victim on November 9, 2016, 201:201 South-dong-gu, South-gu, East-gu, Seoul Special Metropolitan City, and the injury of the victim due to the influence in detail due to the symptoms of her blood heart disease at a single national university hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Accident scene and photographs of vehicles;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (or death of a victim);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the type of determination] traffic accident in the general traffic accident / [the person subject to special sentencing] type 2 (the person subject to special sentencing] - The elements subject to mitigation: In the area of mitigation [including serious efforts to recover damage] [the scope of recommendation] mitigation [the scope of recommendation] from April to one year [the scope of recommendation] - In the area of mitigation, automobile comprehensive insurance and serious reflects [the main reasons for suspension of execution].

arrow