logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2020.03.24 2020고단17
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 also a person who is engaged in driving a sports car.

On October 9, 2019, the Defendant operated the said car on October 18:52, 2019, and used the two-lanes of the national highways No. 23 in the vicinity of the D Rest in Seosan-si, Seosan-si, to drive the said car to the vacant zone on the side of Seosan-si.

At the time, there was a situation where the speed was 80km/h at that time, and in this case, there was a duty of care to observe the speed limit to those engaged in driving business, to properly see the front and rear left, and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and driven approximately 110km/h in excess of the limited speed, and failed to keep the front door properly, and caused the Defendant’s negligence of driving the front side of the two lanes in front of the driving direction by using two lanes in front of the driving direction of the victim E (Nam, 74 years old) and the front part of the Defendant’s vehicle.

Ultimately, at around October 9, 2019, the Defendant caused the death of the victim at G Hospital located in the Gongju City F on October 9, 2019 due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Protocol of inspection;

1. Report on the occurrence of a traffic accident;

1. An accident site photograph;

1. A death certificate;

1. Each investigation report (Attachment of a black box image data, and a traffic accident analysis document) and the application of Acts and subordinate statutes on the attached data;

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. The occurrence of the instant accident resulting in the Defendant’s reason for sentencing Article 62(1) of the Criminal Act, which led to the occurrence of a consequence that the victim would not lose his/her life.

However, the defendant is recognized as a first offender, and is in depth against his own mistake.

In addition, the defendant is the bereaved family member.

arrow