logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.06.11 2015고단1004
교통사고처리특례법위반
Text

[Defendant A] The Defendant shall be punished by imprisonment without prison labor for one year.

[Defendant B] The defendant shall be punished by a fine of KRW 4,00,000.

Reasons

Punishment of the crime

Defendant

A is a person who drives a D-si, and Defendant B is a person who drives a E-si.

Defendant

A, around 00:18 on October 5, 2014, driving a D taxi and proceeded with three lanes in front of the due diligence, which are sub-leaseed and sub-leaseed in the Yong-gu, Gwangju, according to the direction of the North-gu Office in the direction of the new middle distance.

Although the restriction speed of the above road is 50km per hour, the front side of the road is installed, the defendant, due to his occupational negligence, who operated the vehicle at a speed of 78km per hour, and neglected the duty of the front side, caused the victim F (the age of 19) who gets on the right side of the defendant's driving direction to the right side of the crosswalk in the direction of the defendant's driving, and caused the victim F (the age of 19) to exceed the floor.

Defendant

B while driving a taxi in E-si and driving the said road along the direction of the north-gu Office in the new direction, the victim's body part, which is beyond the floor due to the foregoing preceding traffic accident, was over the said taxi due to occupational negligence while neglecting the duty of Jeon-gu in the direction of the new direction.

As a result, the Defendants jointly caused the death of the victim by low-tension shocks caused by traffic accidents while receiving treatment from the Joseon University Hospital located in Seogdong-gu, Gwangju, Gwangju, at around 02:50 on October 5, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. A traffic accident report;

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

1. Defendants of the relevant law on criminal facts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 268 and 30 of the Criminal Act (the occupation of death by occupational negligence);

1. Selection of punishment;

A. Defendant A: Selection of imprisonment without prison labor

B. Defendant B: Selection of fine

1. Defendant B of detention in a workhouse: Reasons for sentencing under Articles 70 (1) and 69 (2) of the Criminal Act;

1. The scope of punishment by law;

(a) Defendant A: One month to five years without prison labor;

B. Defendant B: fine of KRW 50,000 to KRW 20 million

2. The scope of recommendations according to the sentencing criteria; and

arrow