logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.02.12 2017고단1902
교통사고처리특례법위반(치사)
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 became final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of a small-type taxi in C.

On September 10, 2017, the Defendant driven the above vehicle at around 00:58, and led the two-lanes of the four-lanes in front of the D shop in Busan, Seocheon-dong.

At night, there was a duty of care to prevent accidents by accurately operating the steering gear and operating the steering gear in a manner that well sees the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the Defendant neglected this and went beyond the floor by the negligence of about 82.5km/h above the speed of 22.5km, and by the negligence of the Defendant’s running at a speed of about 82.5km/h above the speed of her speed, and caused the victim E ( South, 83 years old) who has crossed to the left side from the direction of the Defendant’s running to the left side.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by causing the injury to the two sides in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report or investigation report (based on the results of appraisal at the operating speed at the time of the accident);

1. Application of written opinions on postmortem examination and written autopsy by statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below)

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The range of recommended punishment on the sentencing guidelines [the types of decisions] shall be limited to the range of ordinary traffic accidents (the death of a traffic accident) and the mitigated factors: In the event that the victim is negligent due to considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim shall not be punished [the scope of recommended punishment], the area of special mitigation [the scope of recommended punishment], two months or one year.

3. The decision of the sentence of sentence resulted in a serious result leading to the death of the victim due to the care of the defendant.

At the time of the instant accident, the Defendant is at least 20km/h.

arrow