logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.04.12 2017고단7142
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-priced car.

On October 13, 2017, the Defendant driven the above 18:30 on the 18:10 on the 13rd day of October, 2017, and proceeded with the 30-40km of the Gyeyang-gu apartment 303rd way in front of the 32-lane 303rd way, and the 30-40km of the front line at the speed of the police box of the said department from the direction of the front line.

At the time, there are nights, and there are apartment buildings, markets, etc., and there are frequent passage of people, so there was a duty of care to safely drive the driver by checking well the right and the right and the right of the driver.

Nevertheless, the defendant neglected to do so and found the victim D (the age of 71) who dried up the above road as it was by negligence, and did not avoid it, so that the victim was received from the front part of the defendant's car and went beyond the ground, and followed it.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in around 19:45 of the same day by cutting the cage cage at the E Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Emotionating a video at the time of an accident;

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

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 criteria for sentencing for the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendations] the sentencing for the reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommendations] comprehensive consideration of the following circumstances: (a) the mitigation area (including April to one year) of the two types of traffic accidents (the special mitigated) [the defendant's recognition of the crime and reflects the fact that the defendant was not sentenced to punishment (including a serious effort to recover damage); (b) the victim's bereaved family members and the victim's family members have agreed smoothly; and (c) the defendant has no record of criminal punishment; and (d) the conditions for sentencing as shown in the records such as the defendant's age, occupation, sex behavior

arrow