logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.06.10 2019고단872
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 low-speed car B.

On April 27, 2019, at around 09:20, the Defendant proceeded with the 19 national highways prior to the entrance of D, located in the Yeong-gun C, without any jurisdiction, from the non-Eup-Myeon to the stillbirth of stillbirth to the 67 kilometers per hour.

At the time, the Defendant’s car transfer is prior to the driving period, so in such a case, the driver had a duty of care to thoroughly see the front side and properly maintain the distance between the two, and to safely operate the steering and brakes accurately and safely to prevent the accident from occurring.

그럼에도 불구하고 피고인은 이를 게을리 한 채 전방주시를 태만히 한 과실로 E가 운전하는 경운기를 뒤늦게 발견하였으나 미처 정차하지 못하고 피고인의 승용차 조수석 앞 범퍼 및 휀더 부분으로 경운기 뒷 좌측 적재함 부분을 들이받아 그곳 적재함에 타고 있던 피해자 F(여, 74세)로 하여금 튕겨져 나가게 하였다.

Ultimately, at around 12:20 on the same day, the Defendant caused the victim to die of less than the H hospital located in Seo-gu, Seo-gu, Daejeon due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1), (2);

1. On-site photographs;

1. An analysis of traffic accidents in the North Korean territory of the Road Traffic Authority;

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;

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

2. The scope of recommendation [the determination of types] according to the sentencing criteria for traffic crimes and the general traffic accident [the type 2] mitigation factors (the special sentencing factor].

arrow