logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2017.02.07 2016고단612
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 engaged in driving a low-priced car.

On September 20, 2016, the Defendant, at around 19:35, proceeded along the two lanes in front of the D cafeteria in Chungcheongnam-gun, Chungcheongnamnam-gun, with one lane, from the direction of the assigned police station to the route of the Gun Office.

At the time, it was night, and there was an intersection where no separate signal, etc. is installed, so the driver was responsible for the duty of care to reduce the speed to the person engaged in driving service, to live well on the right and the right, and to confirm whether other vehicles or pedestrians enter the road, and to drive it.

Nevertheless, the Defendant neglected this and failed to discover victims E (the age of 78) who dried the road by carrying the pedestrian wheel on the right side of the road due to the negligence of driving the road as it was, and did not discover the victim E (the age of 78) and caused the victim to death due to the flicking of the victim's right side of the vehicle in front of the driver's seat by shocking the victim's right side of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of Acts and subordinate statutes to accident scene and photographs of changeers;

1. Relevant legal provisions concerning facts constituting an offense, 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 the recommended sentence] General Traffic Accidents Act No. 62(1) [the grounds for sentencing [the scope of recommended punishment] / [the person subject to special mitigation] / [the person subject to special mitigation] / [including efforts to recover damage] / the decision of sentence] / the result of the crime such as the death of the victim due to the accident in this case. However, although the result of the crime such as the death of the victim is minor, the defendant's mistake and reflects, the fact that the defendant has agreed with the victim's bereaved family members, the fact that the sea vehicle is covered by the comprehensive automobile insurance policy, and the defendant's age, environment

arrow