logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.04.20 2017고단431
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On December 21, 2016, the Defendant driven the above van at around 18:05, while driving the vehicle at the speed of 18:05, in order to secure a space to see the vehicle in the opposite direction on the road in front of the 3rd of the small 3rd village hall, which is set at the prescribed 3rd of the Sejong City, the Defendant turned back the vehicle at a speed of the speed of the speed of the front end of the above village hall.

At the time of night and in the absence of sufficient view, there was a duty of care to clearly check whether there is a person in the direction to reduce the speed and drive a motor vehicle, and to prevent the accident.

Nevertheless, the Defendant neglected to do so and did not discover the victim C (at 75 years of age) who was on the left side of the next to the next to the next to the next to the next to the next to the next to the next to the next to the next to the next to the next to the next to the next to the latter.

Ultimately, the Defendant caused the death of the victim due to serious cerebral cerebral ties at a university of the Republic of Korea and a university affiliated hospital located in 201 in the south-gu, South-gu, East-gu, where the Defendant was under the after-sale treatment on December 22, 2016 due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes to field medication;

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (the fact that the death of the victim was caused by the Defendant’s negligence in driving, etc.) was unfavorable to the Defendant; the Defendant committed the instant crime and seriously reflects his fault; and the Defendant agreed with the bereaved family of the victim.

arrow