logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.08.16 2017고단2857
교통사고처리특례법위반(치사)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving of the motor vehicle which is a cargo tower D or III.

On March 27, 2017, the Defendant came to turn to the left the right at about 20 km of Si speed from the 714 Saemaeul Fri-gu, Incheon Gyeyang-gu, to the front of the Saemaeul Fridong Fri-gu, 714, the intersection from the operations airspace to the modern inland distance protection.

At the place where the left-hand turn is prohibited, there was a duty of care to safely drive the person engaged in driving service in accordance with the new code to prevent accidents in advance.

Nevertheless, the Defendant neglected to make a left-hand turn due to the negligence of the Defendant in violation of the signal and received two-wheel automobiles from the victim E-(30) driving a CA110 two-wheel automobiles, which was going to the left-hand side of the Defendant’s vehicle in front of the left-hand side of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to die due to the brain heat, etc. at H hospitals located in Gyeyang-gu G, 17:46 March 27, 2017, the Defendant caused the victim to die due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to dead bodies;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Motor Vehicles and Article 62-2(1) of the same Act is that the Defendant, while driving a motor vehicle, shocked against the left-hand turn by failing to follow the signal at the intersection where the left-hand turn is prohibited, and caused the death of the driver of the instant crime by causing the death of the victim. However, the Defendant did not have the same criminal history, but the bereaved family members do not want the punishment of the Defendant by agreement with the victim.

arrow