logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2015.04.24 2014고단357
교통사고처리특례법위반
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 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 C-III cargo vehicles.

On December 13, 2013, the Defendant driving the above cargo vehicle around 17:40 on December 13, 2013, and driving it at a speed of about 70 km per hour from the luxation of the budget to the luxation of the two-lanes in front of the luxical intersection, located in the calendar, at the luxation of the budget.

At the time, the night was the state around the night, and in such a case, the driver of the motor vehicle had a duty of care to operate the motor vehicle safely by thoroughly keeping the front-time.

Nevertheless, the defendant neglected this and failed to discover the victim D (in this case, 75 years old) who passed the road to the right side from the left side of the course due to the negligence of driving the road by neglecting the Jeonju-si, and received the front part of the above cargo, and caused the victim to die with the respiratory part due to the divers of the diversities, etc. in the budget general hospital located in Chungcheongnam-gun, Chungcheongnam-gun, the budget general hospital located in Masan-gun, Chungcheongnam-gun, in the same day on the same day.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each protocol of examination of witness with respect to E and F;

1. A traffic accident report and a traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order of Education and the Order of Community Service [the scope of recommendations] general traffic accidents in the following categories: (a) there is no basic area (8 to one year and six months); (b) [the decision of sentence] one year and two months without prison labor; and (c) two years of suspended execution, the Defendant neglected the duty of front-time watch during driving and caused the death of the victim.

arrow