logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.09.10 2015고단2019
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of BM5 vehicles.

On February 16, 2015, the Defendant driven the said car at a speed of about 100km per hour according to one-lane between five lanes from the high-priced road of Gwangju Seo-gu, the Defendant driven the said car at a speed of about 00km per hour.

At that point, the speed limit is 60km per hour, and at that time, the low-speed surface was slicked, so a person engaged in driving of a motor vehicle has a duty of care to maintain the speed within 48 km per hour at a speed of 20/100 of the maximum speed and to prevent accidents in advance by driving the motor vehicle while maintaining the speed within 48 km per hour at a speed of 20/100.

Nevertheless, the Defendant neglected this and proceeded at a speed of about 100 km per hour, and discovered a speed camera in the front bank and immediately cut off the broom by his negligence that applied the hand to the left side, and received the front roadsides and the commercial outer wall of the building in front of the building in the direction of the Defendant’s proceeding as part of the right side of the above SM5 car.

Ultimately, the Defendant caused the death of the victim E (the age of 23) who was on the back seat of the said SM5 car due to the above occupational negligence, such as the blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the actual condition survey report, accident site photograph, death diagnosis report, investigation report (specific at a limited speed), and investigation report (statements of shots);

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment without prison labor for the crimes of transportation between April and October, the general traffic accident category II, which is the special mitigation area of mitigation area: A person who is not subject to punishment; and

2. Determination of sentence: A person who is driving in excess of a maximum of six months’ speed;

To avoid the speedamera, the latter is driven in excess of the median line.

arrow