logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2017.05.10 2017고단117
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaged in driving driving of the Class B and the third cargo vehicle.

On November 23, 2016, the Defendant driven the above cargo vehicle at around 09:21, and led to the left turn to the left at the left of the public parking lot for the main commercial center located in Sinpo-si in Sinpo-si in Sinpo-si.

Since there is a crosswalk, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as making a temporary stop in front of the crosswalk, checking whether there is a pedestrian by checking well the right and the right of the front and right of the crosswalk.

Nevertheless, the Defendant neglected this and did not find out the victim E (Taking 79 years old) to the left side of the right side of the truck driving of the Defendant, and received the victim from the front gate of the said cargo vehicle, and caused the victim to die by brain training, etc. at the main hospital of the Kupo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Protocol of inspection;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes, such as vehicle photographs (No. 4 of the evidence list);

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 (The following sentencing is favorable to the sentencing guidelines) takes full account of the sentencing [the scope of the recommended sentence according to the sentencing guidelines] - The area where the punishment is mitigated (the period between April and year of imprisonment without prison labor) by the type 2 (the death of traffic accidents) (the period between April and year of imprisonment without prison labor) - Special mitigated person: A suspended sentence of two years in October of imprisonment without prison labor : A suspended sentence of two years (the decision of a sentenced sentence) - Ad hoc circumstances that are disadvantageous: a violation of the duty to protect pedestrians in a crosswalk; a violation of the duty to protect pedestrians in a crosswalk; a violation of favorable circumstances; a violation of the victim

arrow