logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.05.08 2018고단755
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for seven 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 who is engaged in driving a Puratom car.

On January 29, 2018, the Defendant driven the above car at around 14:35, and led to a three-lane road at the entrance of the peaceful market located in 27, Gwangju Northern-ro, Gwangju, to the middle distance from the northwest-gu to the middle distance from the northwest-gu, about 60km each hour.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and found the victim D (15) who cross the crosswalk to the port from the right side of the crosswalk due to negligence, and did not avoid it, and had the victim go beyond the road with the front side of the windsom car.

Ultimately, the Defendant caused the victim by the above occupational negligence to die by pressure on brain in traffic accidents at the Southern University Hospital, which was located in the 42-ro, Dong-gu, Gwangju, Dong-gu, Gwangju on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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 Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, and Article 62-2 of the Act on the Punishment, etc. of Traffic Accidents / [Type 2 (Special Sentencing Death, etc.)] - The elements of mitigation: The area of mitigation [the scope of recommendation] in the area of mitigation [the scope of recommendation] from April to one year [the scope of recommendation] - The elements of mitigation are not subject to criminal punishment - The factors of mitigation are subject to suspended execution [the cases falling under the proviso of Article 3(2) of the Act on the Protection, etc. of Traffic Accidents.]

arrow