logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.12.24 2014고단4163
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

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 Cro-car.

On July 7, 2014, the Defendant driven the said car at around 04:30, while driving the said car, followed the intersection in front of the Eriju station located in Gwangju Northern-gu, by two-lanes from the middle Triri-distance to the private distance of the Security Center.

At the time, a crosswalk is installed at night and at the front, and in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person to reduce speed and to check the front door well, and to prevent an accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant neglected to do so and did not look at the front side without reducing speed, and caused the part of the victim F (the age of 21) who crosses the crosswalk from the right side of the defendant's running direction to the left side of the crosswalk to be the left side of the road, and led the defendant to go beyond the floor by shocking the front part of the driver's car.

Ultimately, at around 00:10 on the 15th day of the same month, the Defendant caused the victim's death due to the above occupational negligence, which was being treated by the Joseon University Hospital located in 365 in Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Alternative imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommendations on the sentencing guidelines: Basic area (where the illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is heavy) of the types of general traffic accidents in the period from August to June of the credit cooperative;

2. Specific reasons for sentencing.

arrow