logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2017.09.08 2017고단860
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Cunst Motor Vehicle.

On April 10, 2017, the Defendant driven the above vehicle on April 15, 2015, and proceeded to turn to the left at the lower right of the E convenience point located in D at the right time from the net high school.

At the same time, there were children crossing the road to build a school in the vicinity of the children's protection zone of the male elementary school, and thus, there was a duty of care to check whether there was a child crossing the road by reducing speed in advance and checking the right and the right of the road well, and to drive the road safely.

Nevertheless, the Defendant, by negligence, neglected to perform the duty of the front line, took the victim F, who was crossing the road located on the front line of the said vehicle (the age of eight) as the front line of the said vehicle, and served the victim who was using it with the front wheels of the said vehicle.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence, which led to the death of the victim, to the roller hospital, by causing the victim to “the symptoms of brain damage caused by serious wound.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A survey report on actual conditions;

1. A corpse inspection report and a corpse inspection report;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. is that the death of a victim who was a elementary school student was committed in the instant crime, etc. is disadvantageous.

On the other hand, the fact that the defendant has no criminal record, the defendant recognizes and reflects the crime, and the victim's bereaved family does not want the punishment.

These circumstances and others.

arrow