logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2014.04.16 2014고단52
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of a C Poter cargo vehicle.

On January 7, 2014, at around 22:28, the Defendant driven the above cargo vehicle, and proceeded at about 72 km/h of speed from the front side of the coast station in front of the clean-up site at the west-si. The Defendant driven the above cargo vehicle to a speed of about 72 km/h of speed along two lanes towards the front side of the coast station at the port.

At the time, the victim D (Nam, 79 years of age) passed at night and at the front of the night, and thus, the driver has a duty of care to properly manipulate the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident in advance.

Nevertheless, the suspect neglected this and got the victim to use it on the floor by taking the front part of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes as a result of calculating the speed of a motor vehicle 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, and Article 268 of the Criminal Act.

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of punishment according to the sentencing guidelines] : The traffic crime group, general traffic accidents, and the second type of punishment (accident resulting from traffic accident): The scope of recommendation for reduction of punishment: The imprisonment without prison labor shall be selected in consideration of the occurrence of the result of the death of a victim during six months of imprisonment without prison labor, the suspension of execution 2 years of social service 120 hours, and the defendant's fault is divided and the victim's bereaved family members do not want the punishment of the defendant by mutual consent.

arrow