logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2014.03.04 2013고단552
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On October 18:20 on October 10, 2013, the Defendant: (a) driven a cab B while driving the home fracker road in front of the home fracker in front of the Simsan-si on the right side of the new village distance, and without checking whether there is a pedestrian without temporarily stopping in front of the crosswalk; (b) by negligence in the course of business, the Defendant got the victim C (V, 23 years old) who opened the road along the right side of the mawal direction by using the crosswalk, without properly checking whether there is a pedestrian.

On October 11, 2013, the Defendant caused the death of the victim due to cerebral cerebral cerebral dye and dyemic dye-long-term dyetion.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry in the actual condition survey report, on-site photograph of accident, death diagnosis report, and autopsy report, or the application of video-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);

2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type II (Crime of Recommendation] Reduction Area: Imprisonment without prison labor for a period of four months from April to October: Unlimited factors of punishment for special mitigation / None of special aggravation factors:

3. Determination of sentence: Ten months of imprisonment without prison labor;

4. Whether or not the suspension of execution is positive for two years (the main reasons for the suspension of execution): Death [the reason for the suspension of execution] positive: The death [the reason for the death in general): the detention of the defendant requires excessive difficulty to his dependants; the negative effect of obtaining an automobile comprehensive insurance policy: The main reason for the suspension of execution and the reason for the general participation as seen earlier for the traffic accident at the crosswalk [comprehensive comparison assessment]; the defendant committed a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (the reason for the suspension of execution) for ten months.

arrow