logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.11.29 2018고단3213
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

On February 21, 2018, the Defendant operated a bicycle for B 125cc motor, B around 05:09, and led the front road located in Yangcheon-gu Seoul Metropolitan Government C, to a speed of about 45.4 km in the direction of the village, such as from the long-distance slope of wood-dong.

At the time, it is night and its location is a downtown, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to live well in the front door and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, when the defendant neglected the duty of care due to negligence and continued to proceed without due care, the defendant found the victim E (n.e., 62 years old) who was unauthorized to the right side from the left side of the Otoba in the direction where the defendant Otoba is running, and was a sudden system. However, since the defendant's engine stop, the defendant's bicycle was not stopped, the victim was faced with the bridge part of the victim's bridge and exceeded the ground.

Ultimately, around September 13, 2018, at G hospital located in Guro-gu Seoul Metropolitan Government F on September 13, 2018, the Defendant caused the death of the victim due to the aftermathical blood from the death of the victim by occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Results of appraisal by the head of Seoul Headquarters of the Road Traffic Authority;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. CCTV CD images;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 2683213 of the Criminal Act concerning criminal facts;

1. The reason for sentencing of selective imprisonment without prison labor for sentencing;

1. The scope of the recommended punishment shall be limited to the general traffic accident in the basic area (from August to two years) of the two types. No person shall be subject to special sentencing;

2. The victim of the decision of sentence also made an error of crossing without permission, and there are favorable circumstances such as the fact that the defendant was a criminal first offender, and deposit KRW 1.4 million for the victim's side;

However, due to the care of the defendant.

arrow