logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2019.08.13 2019고단317
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 driving a car by borrowing B.

On January 30, 2019, at around 09:05, the Defendant driven the said car and driven the intersection of the prestigious length distance from the center of the Sincheon-si to the c Bank at about 20-30km each hour from the south of the Gyeongnam-si.

Since there is a signal apparatus such as yellow on-and-off lights, and there is a lot of traffic for people and vehicles, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a vehicle passing through the intersection by reducing the speed and checking well the direction, and prevent accidents by driving the motor vehicle in advance.

Nevertheless, the Defendant neglected this and did not look at the front side of the road, and caused the victim's front wheel part of the victim's bicycle driving D(79 years old) who passed the road to the port from the right side of the direction of the defendant's running to the port, and caused the victim to go beyond the floor and shock the head to the floor.

Ultimately, around February 5, 2019, around 04:54 on February 5, 2019, the Defendant caused the victim to die due to the cerebral ma by the cerebral fladropossis, which had not been opened at the F Hospital located in Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reports on the occurrence of a traffic accident, the actual condition of a traffic accident, and photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the conditions of all the sentencing indicated in the records, including the Defendant’s age, character and conduct, environment, the circumstances before and after the instant crime, and the circumstances leading to the instant crime, shall be determined as set forth in the text.

An unfavorable circumstance: a traffic accident.

arrow