logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2017.11.02 2017고단1063
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On January 27, 2017, the Defendant, at the 203 front parking lots in the Seo-gu, Seo-gu, Daegu metropolitan apartment complex 77 July, 2017, was driving the said car and driving the said car at approximately 5 km from the 203-dong, Seo-gu, Seo-gu, Daegu metropolitan apartment complex 203 to the 202-dong apartment.

Since there is a place where people's passage is frequent as a parking lot within the apartment complex, in such a case, the person engaged in driving service has a duty of care to check the safety of the course and to prevent the accident from being driven by driving well.

Nevertheless, the Defendant neglected to do so and proceeded in the right side of the vehicle of the victim and did not find the victim C (A. 79 years of age) who was carrying the front wheelchairs in the direction of the right side of the vehicle of the victim, and did not find the victim C (A. 79 years of age) who followed the right side of the vehicle of the suspect and caused the victim to go beyond the right side of the front wheelchairs.

As a result, the Defendant caused the death of the victim due to the occupational negligence as seen above, which occurred from the thrings of the Daegu-gu University Hospital located in 17-3, Nam-gu, Nam-gu, Daegu-gu, Seoul-gu, 2017, 14:03.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A death certificate, death certificate, photographs of the corpse, postmortem protocol, and report on the investigation of the doctor;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, the intensity at the scene of the traffic accident, and the actual survey report;

1. Relevant legal provisions concerning criminal facts, 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The area of mitigation (from April to one year) (the person who has been specially mitigated) is the area of mitigation (the person who has been specially mitigated).

arrow