logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2018.04.27 2017고단1491
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of 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 a vehicle with C low-speed.

On September 22, 2017, the Defendant driven the above high-speed car at around 11:01, and continued to drive from the south to the south side of the 22-lane from the south south of the westan-gun of the Republic of Korea, the Defendant continued to drive the east 133km at a speed of about 13 km per hour, along the two-lanes from the south side of the westan-gun of the eastan-gun to the west.

At this point, there is a duty of care to prevent accidents in advance by driving safely, such as complying with the speed limit and accurately manipulating the brake system, since it is a private crossing where signal lights are installed and the speed limit is 80 km speed per hour.

Nevertheless, the Defendant neglected to do so, and caused the victim to fall off on the road by neglecting the speed of 53 km more than a speed of 53 km, and by failing to register 97 cc, which is driven by the victim D (75 cm) who is directly engaged in a violation of the signal from the left side of the running direction of another car above the speed of the car above, to the right side, and caused the victim to fall off on the road.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on corpse inspections and site photographs of accidents;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] General traffic accident [the scope of the recommended sentence], where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including a serious effort to recover damage), or where the illegality of the victim under Article 3(2) proviso (excluding subparagraph 8) of the Act is serious, or where the victim was driven in excess of 53 km speed. However, the victim was the victim.

arrow