logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2017.04.25 2017고단41
교통사고처리특례법위반(치사)
Text

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On October 5, 2016, the Defendant driven the above car at a speed of about 50 to 60 km from the side of the city to the side of the city of South Won-si, with a two-lane road in front of C in front of South Won-si, at a speed of about 50 to 60 km from the side of the city of South Won-si.

At the same time, there was a duty of care to reduce the speed and accurately manipulate the steering direction and brake system to prevent accidents.

Nevertheless, the Defendant, while driving a vehicle without neglecting his/her duty to reduce the speed (at the time, the surface was milched so so that the surface at that time, so that it is necessary to proceed at a speed that reduces 20/100 of the maximum speed pursuant to Article 17(1) of the Road Traffic Act and Article 19(2)1(a) of the Enforcement Rule of the same Act. As at the time, the vehicle at that time, which is the highest speed of 60km, has been driven at a speed of 48 km or less per hour at a speed that is 20/100 of the speed that is 60km or less per hour, due to negligence in which the steering gear was not properly operated, obtained the number of street trees on the left side of the Defendant’s driving seat in front of the said vehicle.

Ultimately, the Defendant caused the death of the victim D (n, 81 years of age) who was a passenger of the said passenger car due to the foregoing occupational negligence from the F Hospital located in Seojin-gu E in Seojin-gu, Seoul Special Metropolitan City before being treated for transmission on February 6, 2017 to the death of the victim D (n, 81 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the survey report on actual conditions, accident scene and vehicle photographs, each medical certificate, opinion opinion, and 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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] shall be the general traffic accident.

arrow