logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.06.18 2020고단1698
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 small-scale taxi driving service B.

On January 14, 2020, the Defendant, while driving the said taxi in the direction of the distance of the Eup located in the gyeast-gu Bridge-dong 8-1 at night, Seo-gu, Chungcheongnam-gu, 2020, while driving the said taxi in the direction of the distance of the Eup located in the gyeast-dong.

In this case, the defendant, who is engaged in driving, had a duty of care to prevent accidents by accurately manipulating the steering gear, brake system, etc. of the vehicle, and driving the vehicle.

Nevertheless, the Defendant neglected to do so by negligence in the course of duty, and neglected to do so, and neglected to do so, and received the face part of the victim C (the age of 43) who was sitting away from the floor near the three-lane of the above taxi.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence on January 14, 2020, such as brain injury around 20:05.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Actual condition survey report, traffic accident analysis and appraisal report, and investigation report (field investigation);

1. Application of Acts and subordinate statutes concerning autopsys;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment without prison labor for not more than five years;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. The results of the instant traffic accident, the sentence of which is determined, are significant, and the Defendant operated the limited speed exceeding 14 km/h.

arrow