logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.02.04 2015고단8046
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Class C cargo vehicle.

On October 29, 2015, the Defendant driven the above vehicle without a driver's license on October 10, 2015, and stopped the road of four-lanes in front of the south-gu Incheon Metropolitan City, in accordance with three-lanes from the right-side distance to the tin-distance, and resumed again at a speed of about 20km.

It is an intersection and a place where the passage of vehicles and people is frequent, so in such cases, the driver has a duty of care to thoroughly and safely drive the front city.

Nevertheless, the defendant neglected this and led the victim F(78 years old) who unauthorized crossing the road to the right side of the defendant's proceeding direction by leading the victim F(F) on the front side of the above vehicle, which led the victim to go beyond the ground.

Ultimately, the Defendant caused the victim to die due to such occupational negligence as training and paralysis at Acheon-ro Hospital located in 774, Namdong-gu, Incheon, Nam-gu, Incheon, on October 30, 2015, around 02:49.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's license ledger;

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

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto death, the choice of imprisonment without prison labor), Article 152 Subparag. 1 and 43 of the Road Traffic Act (the occupation of unlicensed driving, the selection of imprisonment without prison labor) concerning criminal facts;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the types] 2 types of traffic accidents (the death of a traffic accident) [the special person subject to sentencing] - the victim is also at considerable fault for the occurrence of a traffic accident or the expansion of damage [the scope of the recommended sentence] mitigation area / [the scope of the recommended sentence] 4 to 10 months [the person subject to general sentencing].

arrow