logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.06.14 2019고단1449
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a B knife vehicle.

On December 28, 2018, the Defendant driving the upper car of the knife at around 20:00 on December 28, 2018, and driving the first lane from the third other three lanes in front of the Daejeon East-gu Seoul apartment, to the parallel distance from the second water control intersection to the parallel distance.

In this case, there was a duty of care to make a person engaged in driving of a motor vehicle to live well on the front side and the left side and to accurately operate the steering gear and the steering gear.

Nevertheless, the defendant neglected to do so and neglected to cross the victim D (the age of 83) who was unclaimed in the right direction of the defendant, from the right side of the defendant, was placed in the front part of the motor vehicle driving by the defendant.

Ultimately, at around 20:18 of the same day, the Defendant caused the victim to die due to the injury of the injury caused by the traffic accident at the site of the above traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A survey report on actual condition, investigation report, report on request for appraisal, statement on 112 reported cases processing, case mail, emergency medical services log, car driver's license register, tea inquiry, mandatory insurance bureau, and verification sources for the purchase of automobile insurance;

1. A corpse of corpse;

1. Application of the Acts and subordinate statutes governing the incident site photographs and booms video CDs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62(1) of the Criminal Act on the Suspension of Execution (The following consideration shall be given to the favorable circumstances among the "the grounds for a suspended sentence"

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

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to traffic accidents in general.

arrow