logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2016.04.19 2016고단19
교통사고처리특례법위반
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Cunst Motor Vehicle.

On August 21, 2015, the Defendant driven the above car at around 07:30 on August 21, 2015, and led the red ginseng distance in the border of the southnam-si at the southwest-si.

At the time, there was a rain, and the location was a bend road, so in this case, there was a duty of care to safely drive the driver by reducing speed and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering wheel and brakes as it is, left brooms, left the right side of the Defendant’s running direction, left from the road, left from the road, and turned back the victim D (45 years old) who was on board the head of the above car, and was under the follow-up treatment on August 25, 2015, when he was under the follow-up treatment at the pre-university hospital located in the Seoul Metropolitan City, Dong-gu, Gwangju Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] In general traffic accidents, the mitigation area (4 to 10 months) [the person subject to special mitigation] [including efforts to recover damage], and the victim’s death caused by the Defendant’s negligence.

However, it is not clear that the defendant is guilty of negligence, and the degree of negligence is not severe, the accident in this case occurred while the defendant was working together with the victim under his/her own name, the best efforts to provide relief after the accident, the fact that the victim has reached an agreement with his/her bereaved family, the fact that the defendant is subscribed to automobile insurance, and

arrow