logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.08.29 2019고단1724
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for 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 service of BPD125.

On March 23, 2019, the Defendant driven the above Oralba on the 19:35th day of March 23, 2019, and proceeded along a two-lane road in front of the Ho-An apartment Dam-gun (Seoul) toward the side of the bank from the shooting distance of the Geum apartment.

At all times, a crosswalk without signal lights are installed on the front side, so in such a case, there was a duty of care to stop temporarily to a person engaged in driving service so that pedestrians would pass through or yield their careers.

Nevertheless, the Defendant neglected this and got the victim E (V, 9 years old) who was standing on the left side of the crosswalk to the right side of the road due to the negligence, which led the Defendant to go beyond the road.

Ultimately, at around 14:00 on March 25, 2019, the Defendant caused the death of the victim due to the above occupational negligence by the F Hospital’s exposure to the surgery.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Each traffic accident report;

1. A death certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor

1. Reasons for sentencing taking into account the favorable circumstances among the grounds for probation under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for probation”) [the scope of recommendations and recommendations] - The area of mitigation, and the period of imprisonment without prison labor for April to one year: The general traffic accident under the conditions as to traffic accidents [the type 2] - the special person causing the death of a traffic accident - the mitigated element: The imprisonment without prison labor is chosen in that the result of the traffic accident that is equal to the person committing the act and the degree of the defendant’s breach of the duty of care is

However, the defendant has lived faithfully before committing the crime of this case without any previous conviction, and the defendant's living together with the victim's bereaved family even in the situation where economic difficulty is difficult.

arrow