logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 상주지원 2019.02.12 2018고단294
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of B Poter cargo vehicles.

On July 16, 2018, at around 07:00, the Defendant driven the above cargo vehicle, and had D's front-distance intersection C located at the time of residence, straightened from the entrance of the Yung-ri village from the ethal of the ethal of the ethal.g.

There are no signals, and traffic control is not performed, and it was a three-distance intersection at the entrance of the village where the traffic is not controlled. Therefore, a person engaged in driving a motor vehicle has a duty of care to check and drive the safety by checking well the right and the right and the right of the road before entering the intersection.

Nevertheless, the Defendant neglected this and got the front wheels part of the victim E (M, 69 years old) driving on the right side of the said cargo, which was the victim E (M, 69 years old) who was going to the left and left at the right side from the right side of the front side of the instant cargo vehicle.

Ultimately, at around 09:40 on the same day by occupational negligence, the Defendant caused the death of the victim who was under treatment at G Hospital located in the Gu and Sinsi F due to the symptoms of serious injury to the symptoms of trauma.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to H and I;

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

1. A death diagnosis report and a written record of autopsy;

1. Application of Acts and subordinate statutes governing accident site photographs;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Reduction elements of types 2 [Special Sentencing) and reduction elements of traffic accidents according to the sentencing guidelines: Reduction areas of punishment [Scope of recommending punishment]: Not less than 4 months but not more than 1 year without prison labor;

2. Death of a victim by negligence of the defendant who has rendered a sentence of sentence;

arrow