logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2021.03.11 2020고단2656
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

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On April 12, 2020, the Defendant driven the above car on April 21, 2021:35, while driving it in the light-do 778-2, the semi-sections in the light-do 778-2, along the direction of the publicity center for the two-lanes from the nearest shooting distance.

At the time, it is at night and there is a three-distance intersection where a yellow flickering signal is installed, so a person engaged in driving a vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front section 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 of the person who is engaged in driving the vehicle in accordance with yellow

Nevertheless, the Defendant neglected this and proceeded without reducing the speed from yellow on-and-off signals, and failed to find out that the victim C (son, 54 years old) is under the influence of alcohol on the road in the direction of the proceeding, and went beyond the body of the victim due to the negligence that the Defendant was driving.

Ultimately, the Defendant caused the death of a person who was injured by the above occupational negligence in the E hospital located in Gwangjuyang-si D around 22:05 on the same day due to multiple prolonged damage, etc.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A traffic accident report;

1. A death certificate;

1. Application of the provisions of the Acts and subordinate statutes to the response request for cooperation made under the response request for appraisal (transport in mining);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [type 2] the general traffic accident [type 2] - the death of a traffic accident (special sentencing person] - the mitigation element: The victim is not subject to punishment (the area of recommendation and the scope of recommended punishment) if he/she is negligent due to considerable negligence in the occurrence of a traffic accident, and the victim is not subject to special mitigation area and imprisonment without prison labor.

arrow