logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.06.19 2018고단1556
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year 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-learning car.

On February 26, 2018, the Defendant driven the above car at around 14:53 on February 26, 2018, and made the turn to the left at an irregular speed from the edge of the salary market to the Han Day Hospital, depending on one lane, at the entrance of the salary-line market, located at the center of the Dobong-gu, Nam-gu, Gwangju.

Since there are frequent traffic of people, there was a duty of care to prevent accidents in advance by reducing speed to those who are engaged in driving of a motor vehicle and thoroughly performing the duty of care.

Nevertheless, the Defendant did not find out the victim C (the age of 87) crossing the road to port from the right side of the passenger vehicle due to the negligence of neglecting this, and received the victim from the front part of the passenger vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence in light of the foregoing circumstances by pressure on cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Sponsora at the Joseon University Hospital located in Gwangju-gu, Gwangju-gu (Seoul-gu).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Images at the time of an accident;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Course of Education / [The type of traffic accident] Class 2 (Special Sentencing Death, etc.) of the General Traffic Accidents: The mitigated element: [the scope of the recommended sentence] the mitigated range [the scope of the recommended sentence] from April to one year [the general person subject to sentencing] - the mitigated element: Subscription to comprehensive motor vehicle insurance, serious reflects [whether suspended sentence is suspended] - Major reasons: In the event that death occurs - The main reasons are positive: the amount of punishment not imposed - the general reasons for death.

arrow