logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2019.09.26 2019고단520
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car.

At around 16:40 on April 3, 2019, the Defendant, along with two lanes, proceeded with the two lanes near the Hongk ginseng street in Western-dong 231-1, Hong-dong, Hong-dong, Hong-dong.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the body part of the victim C (the age of 64) who crossed the marina due to the negligence of disregarding and proceeding the vehicle driving signal even though it was a stop signal, was taken as the front part of the defendant's vehicle, and had the victim go beyond the road.

Ultimately, around April 8, 2019, at around 1:49, the Defendant caused the death of a victim who was receiving treatment from an E Hospital located in Dong-gu, Nam-gu, Dong-gu, Seoul by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report on traffic accidents;

1. A report on the occurrence of traffic accidents;

1. A death certificate;

1. Investigation report (verification of black stay images);

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to photographs of deceased and deceased persons;

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, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

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

1. Scope of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2] causing death of traffic accident (special-speed person]: Reduction area of punishment not to reduce punishment [the scope of recommendation]: From four months to one year;

2. The decision-making defendant is due to negligence that he/she is driving in the crosswalk in violation of the vehicle stop signal;

arrow