logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.04.23 2013고단451
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On December 13, 2012, the Defendant is a person engaged in driving B-learning cars. Around 09:45 on December 13, 2012, the Defendant was driving the said vehicle, driving the said vehicle at a speed of about 60km in the speed of two lanes in the direction of the government from the west-dong at the speed of two lanes. In such a case, the Defendant was under the duty of care to safely drive the vehicle in order to prevent accidents by taking into account the front side and the left side of the vehicle, and to reduce the speed of the road surface, and to prevent accidents in advance. However, if the Defendant was negligent in driving the vehicle, while driving the vehicle at the right side of the sidewalk and driving the vehicle at the speed of 73 years on the road, the Defendant did not avoid this situation, and caused the death of the victim in front of the vehicle on the right side of the Defendant, thereby allowing the driver to treat the victim in excess of 10:40 on the back side of the 40:00 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. A death certificate (C);

1. Application of the Act and subordinate statutes on the spot and vehicle damage photographs and site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Scope of the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act: The final sentence range recommended by sentencing guidelines from January to October 5: The imprisonment without prison labor for a period from February to October; and the type of the death of a traffic accident in the standards for general traffic accidents among the traffic crime group [no special person] increased factors: The victim is also negligent in the occurrence of a traffic accident or the expansion of damage.

arrow