logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.12.16 2020고단1104
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 a MF6 car.

On March 31, 2020, the Defendant operated the said car at the Dabus parking lot located in the Dabusg-gu Seoul Special Metropolitan City on March 18:48, 2020, and continued to turn to the right from the entrance. A person engaging in driving a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle after checking whether there is a pedestrian by accurately operating the steering gear, brake system, etc., and by properly checking the right and the right and the right of the motor vehicle.

Nevertheless, while the defendant neglected to do so and neglected to do so, the defendant did not find the victim E (the age of 56) in the left-hand side of the defendant's proceeding direction, and did not discover the victim E (the age of 56) and had the front wheel of the driver's seat of the above vehicle shocked the victim with the front wheel of the driver's seat of the above vehicle, thereby leading the victim to shocking the head part on the floor.

At around 12:43 on April 2, 2020, the Defendant caused the death of the victim from external cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spona.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, on-site and vehicle photographs;

1. Records of seizure and the list of seizure;

1. A photograph by cutting off the accident video, a CD of the accident, a new photograph;

1. Application of Acts and subordinate statutes of a death certificate;

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 selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2] Death [Special Convicts], element of mitigation of traffic accident: source of punishment (including serious efforts to recover damage) [the scope of recommendation field and recommendation range] mitigation area, credit cooperative from 4 months to 1 years (general person).

arrow