logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.08.13 2018고단4379
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On April 12, 2018, the Defendant driven the above vehicle at around 02:10 and proceeded ahead of the “training gender” road located in 74 as the office capacity of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu.

At the time, a crosswalk is installed in the vicinity of the dwelling place, and in such a case, the driver of the vehicle has a duty of care to thoroughly operate the steering system and the steering system in a thorough manner and to prevent the accident by accurately manipulating the steering system and the steering system.

Nevertheless, the defendant neglected this and did not discover the victim C (68 years old) who was moving the road to the right side from the left side of the defendant bed by his negligence, and did not discover the victim C (68 years old) and received the victim from the front part of the above vehicle and had the victim go beyond the floor.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by causing multiple trauma damage from the Acheon-ro Hospital located in 774, Namdong-gu, Incheon, Namdong-gu, Incheon, 03:31 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. A death certificate;

1. Application of each statute on photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the area where the reduction area (from April to one year) is mitigated (the number of persons subject to special mitigation] of the two types of general traffic accidents;

2. The instant crime committed by the Defendant, while driving a car, led the victim who was crossing the road by neglecting his duty to stop on the front bank, etc., and caused the death of the victim.

arrow