logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.08.10 2017고단2528
교통사고처리특례법위반(치사)
Text

The sentence of imprisonment without prison labor for defendants shall be determined by one year.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On January 31, 2017, the Defendant driven the above car at around 06:30, and driven the four lanes in front of the E in Gwangju Seo-gu, Gwangju, along with two lanes towards the Agricultural Scenic distance, the Defendant proceeded at a speed of about 50km in the speed of the city, along the two lanes towards the Agricultural Scenic.

At night, there are crosswalks with signal apparatus installed in front of the night, and thus, there was a duty of care to safely drive the steering gear and brake system by accurately operating the steering gear and the steering system according to the traffic signals.

Nevertheless, when the defendant neglected this and proceeded with the signal apparatus of the front side as soon as possible, he did not find out the victim F (F, 61 years of age) who was placed on the right side from the left side of the defendant's driving direction, and received the victim from the front part of the motor vehicle of the defendant.

Ultimately, the Defendant caused the victim to die by occupational negligence on February 1, 2017, at the Joseon University Hospital located in 365, in Gwangju-gu, Gwangju-gu, about February 1, 2017, with a sensitic acid by a multi-cirrosis during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Yellow dust survey report and signal system map;

1. On-site photographs, photographs of the accident situation, and CCTV images;

1. Application of the Acts and subordinate statutes governing death, death, postmortem examination and photographs;

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The basic area (from August to two years) of the recommended punishment according to the sentencing guidelines shall be the scope of the recommended punishment [the scope of the recommended punishment] and the basic area (the death of traffic accidents) of the two types of general traffic accidents.

arrow