(영문) 춘천지방법원 2017.05.16 2017고단108

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2017.05.16 2017고단108

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving CK5 taxi.

On January 17, 2017, the Defendant driven the above taxi on January 17, 2017, and driven the two lanes in front of the filial wave in the Gangnam-si Apapcheon-si, Gangwon-do, Gangwon-do, with one lane from the edgeal distance to the 75 to 77km in speed.

At the time, there is a road with a maximum speed of 50 km or less per hour. In such a case, there was a duty of care to safely drive a motor vehicle to prevent accidents by safely driving the motor vehicle, such as reducing the speed and closely operating the steering direction and the steering system, etc.

Nevertheless, the Defendant neglected to drive the highest speed exceeding 25 to 27 km per hour while neglecting to do so, due to occupational negligence, and did not find out the victim D (n, 66 years old) who cross the road without permission on the right side of the port of the Defendant’s course, and was in front of the taxi of the Defendant.

Ultimately, the Defendant caused the victim to die due to such occupational negligence at the Gangwon University Hospital located in 156, Gangwon-si, Gangwon-do, Gangwon-do, Seoul Special Metropolitan City due to the death of the victim due to the death of the victim due to his/her external symptoms.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, and notification on the results of analysis of a traffic accident;

1. Bluice stuffs and field photographs;

1. A death certificate;

1. Investigation reports (verification of the maximum speed limit with respect to the occurrence of a traffic accident), application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, the grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. The occurrence of a traffic accident or damage to the victim in the area of mitigation (from April to one year) (the victim of a special mitigation) of the type of traffic accident (the victim of a special mitigation) shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] on the sentencing guidelines.

참조조문

-교통사고처리 특례법 제3조 제1항

-교통사고처리 특례법 제268조

유사 판례

-춘천지방법원 2017.09.14 2017고단369

-춘천지방법원 2018.03.22 2017고단1361

-춘천지방법원 2017.01.20 2016고단898

-대구지방법원 2021.02.15 2020고단6044

-춘천지방법원 2015.10.08 2015고단423