logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 의성지원 2015.06.25 2015고단69
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a driver of the BM3 car.

On February 21, 2015, around 19:18, the Defendant sent a distance of 28 Embari-ri to the Gyeongcheon-si branch from the Gyeongcheon-do to the ebbdo-Eup.

At the time, weather is china, china, china and china, and there was a duty of care to safely pass the intersection by observing the speed and signal to the driver of the vehicle on the intersection along which signal, etc. at a limited speed of 60 km is installed.

Nevertheless, the Defendant neglected to do so and operated under the speed of 83.1km per hour, disregarding the yellow signal at the intersection, went through the crosswalk stop line, and received the victim C (W, 75 years old) who crosses the road from the left side of the direction of the vehicle to the right side of the vehicle driving.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as cerebral cerebrovascular, around February 19, 2015, around 19:30.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. A report on internal investigation (Attachment of a death certificate);

1. Photographss and photographs (the CCTV screen of a branch office);

1. Application of the Acts and subordinate statutes notifying the results of traffic accident investigation;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] General Traffic Accident (Crime of Automobile Accident Death, etc.) shall be considered in light of the following circumstances: In the event that the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage even in the area of special mitigation (Class II to October) (Special Mitigation) and Article 62 (1) of the Criminal Act, in the event that there is a considerable fault in the occurrence of traffic accidents or the expansion of damage, in the event that: (a) August of imprisonment without prison labor; (b) February of suspended sentence; (c) two years of suspended sentence

arrow