logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.05.11 2017고단834
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is a person who drives a 270-clopped vehicle with no number plate.

On December 29, 2016, the Defendant driven the above two-wheeled vehicle around 13:40 on December 29, 2016, and led the four streets in front of the restaurant C in Daegu North-gu B to go straight in the direction of the fire department of the North East-do.

Since there is an intersection where a yellow on-and-off signal is installed, the driver has a duty to pay attention to safety by taking care of other traffic, and has a duty of care to accurately operate the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and proceeded on the right-hand side of the bicycle driven by the victim D(68) who is driving on the left-hand side according to the Madon crosswalk as it is, the Defendant was shocked into the front part of the Madon.

As a result, the Defendant had D receive medical treatment due to cerebral cerebrovascular, etc. on December 30, 2016, which resulted in death at the Gyeongbuk Hospital around 23:11.

2. The Defendant, in violation of the Guarantee of Automobile Damage Compensation Act, operated the Badon vehicle, which was not covered by mandatory insurance, at the same time and place as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report, on-site photographs, etc.;

1. A copy of a certificate for disuse of two-wheeled motor vehicle;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and occupational doctors), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act concerning facts constituting an offense;

1. Selection of imprisonment without prison labor or imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures (the scope of recommended punishment) shall be two types of general traffic accidents (the death or injury of traffic accidents);

arrow