logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2014.11.25 2014고단390
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 two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 21:20 on May 19, 2014, the Defendant driven a coos car B, and led to the two-lane road in front of the “Scoos station”, which is promoted at the time of Seosan, along the two-lane road from the border to the Hac middle school.

Since there is a limited speed of 40 km/h, the driver has a duty of care to observe the restricted speed and to safely proceed with the right and the right well.

Nevertheless, the Defendant neglected this and went at a speed of 78km/h above that of 38km/h, and received the victim C (the age of 57) crossing the road at the bend to the left-hand side of the vehicle of the Defendant.

As a result, the Defendant caused the victim's death by low-blood shock around 03:45 on the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Each description of the actual condition survey report, each photograph, death certificate, and comprehensive traffic accident analysis report, or the application of video-related Acts and subordinate statutes;

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;

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

1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);

2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type 2 (Recommendation Death of Traffic Accidents) (Scope of Recommendation] Special Mitigation Zone: Imprisonment without prison labor for not less than two months from February to October: there is no reasonable fault by the victim, no penalty surcharge surcharge / No special aggravation factor:

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

4. Whether to suspend the execution or not: positive fault of the victim for two years (major reasons for suspension): The victim's death (general reasons for suspension): The victim's death) positive, negative results of the suspension of execution or negative results of the purchase of comprehensive motor vehicle insurance: A violation of the duty of speed limit.

arrow