logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2013.05.03 2012고단560
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person driving one ton cargo vehicle B.

On April 14, 2012, the Defendant driven the above cargo vehicles on the 19:14th day of the 19:14th day of 2012, and proceeded with the road that is adjacent to the Pudong-dong of the Yudong-si in the Seosan-si.

At the same time, there was a road that is complicated due to illegal stopping vehicles, and the commercial buildings have been formed on the left and right, and thus pedestrians are anticipated to cross, so the driver has a duty of care to accurately manipulate the steering system, brake system, etc. of the vehicle, and drive it by properly examining the right and the right and the right of the vehicle, and prevent the accident from occurring.

Nevertheless, the defendant neglected this and led to the negligence of proceeding on the left side of the opposite direction of the course, and the left side part of the victim C (the age of 49) who crosses the road to the right side of the road, was shocked by the front side of the driver's vehicle.

As a result, the Defendant caused the death of the victim on the same day due to a multi-presidential organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Description of D police self-written statements;

1. Application of each Act and subordinate statute to writing a report on actual condition and a written investigation of dead bodies;

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 (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: One month to five years of imprisonment without prison labor;

2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type II (Crime of Recommendation] Reduction Area: Imprisonment without prison labor for a period of four months from April to October: Unlimited factors of punishment for special mitigation / None of special aggravation factors:

3. Determination of sentence: Six months of imprisonment without prison labor;

4. Whether to suspend the execution: One year (the main reasons for the suspension of execution): the existence of part of the victim's negligence, and the negative result of the non-execution of punishment: Death (the reason for general participation); and

arrow