logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.01.17 2016고단1747
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 who is engaged in driving of Cknife vehicle.

On September 22:45, 2016, the Defendant driven the above van, and proceeded at approximately 62.7km from the slope distance to Kim Jong-si along the two-lane road in front of the E convenience point in Kim Jong-si, Kim Jong-si.

At the time, the surrounding area was kept at night, and the place was at the speed of 40 km a speed of speed, so the driver of the vehicle had a duty of care to safely drive the vehicle while complying with the speed of restriction and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim F (74) who was crossing the road to the right side from the left side of the running direction of the mast to the right side of the Defendant at the speed exceeding approximately 22.7 km per hour, and caused the victim's death by external shock, etc. at the original university hospital of the Republic of Korea located in the 23:27 following the same day on the left side of the mast-down.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Investigation report (related to calculating the speed of a vehicle that is faced at the time of an accident);

1. A comprehensive analysis of traffic accidents;

1. A corpse death certificate;

1. An accident scene photograph;

1. Application of accident video CD-related Acts and subordinate statutes

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] General Traffic Accidents Type 2 (Death, etc. by Traffic Accidents) (4-1 year) [Special Mitigation Persons] The scope of sentence comparison between punishment and recommendation: April 1 to 1 year [the sentence] - Circumstances unfavorable to the defendant.

arrow