logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.07.06 2017고단1889
교통사고처리특례법위반(치사)
Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C mother car.

On February 28, 2017, the Defendant driven the above car at around 05:45, and proceeded one lane in front of the E in Gwangju Northern-gu D with the ccarc-distance outflow from the front apartment room in the Dong-dong modern apartment zone.

At the time, the front door door of the road was a new wall, and the place was 50 kilometers per hour, so the speed of restriction is 50 kilometers per hour, the driver engaged in driving of the motor vehicle had a duty of care to prevent accidents by complying with the speed of restriction, and properly manipulating the steering gear and brakes, while driving the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and went beyond the speed of 29 to 35 kilometers per hour, and found the victim F (72 cm) who went to the port from the right side of the road to the left side of the road late, and operated it immediately, but did not avoid it, and did not go to the front side of the victim's motor vehicle and went to the ground by taking the victim's left body in front of the defendant's motor vehicle.

Ultimately, around February 28, 2017, the Defendant caused the victim's death due to multiple trauma around 17:36 on February 28, 2017 by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual condition and photographs related to accidents;

1. A death certificate;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (the result of the speed analysis of accident vehicles);

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the occurrence of traffic accidents or the expansion of damage to the victims of the Type 2 (Death or Injury by Traffic Accidents), the area of special mitigation (two months to one year) (the special mitigation person].

arrow