logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.04.21 2019고단5532
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B2.2 tons of cream.

At around 16:30 on June 7, 2019, the Defendant driven the above cateral car, thereby proceeding in front of the separate collection site in two weeks.

At that time, the victim E was seated at the center of the road, so in such a case, there was a duty of care to prevent accidents by properly manipulating the front, rear, left, and right and right of the driver of the vehicle, and operating the steering system accurately.

Nevertheless, the defendant neglected to perform his duty at the time of late-time, and was faced with the back of the above strings where the defendant drives the victim E who was seated on the road in the direction of the defendant's proceeding due to negligence.

Ultimately, the Defendant caused the death of the said victim by occupational negligence at the G University H Hospital located in the Gug-si F on June 7, 2019, with multiple long-term care, around 18:45.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs and photographs of accident vehicles;

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 selection of

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (including the scope of recommendation and recommendation), and April through one year;

3. The fact that the crime of this case is not good, that the victim is likely to be negligent in the occurrence of an accident, that the defendant has agreed with his/her bereaved family members, and that the age, character and conduct of the defendant are other matters.

arrow