logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.03.24 2015고단1178
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor 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

On August 7, 2015, the Defendant driven a Cpote car at Cpote on August 21, 2015, and driven a two-lane road in front of the E convenience store located in D in south-gu at the port of port at the port of port from the remote distance inside the island to the south-west market at a speed of about 30km per hour.

At the time, a crosswalk is installed at night and at the front, so in such cases, a person engaged in driving a motor vehicle has a duty of care to safely operate the motor vehicle by accurately operating the front left and right, and the steering gear.

However, the Defendant failed to discover the victim F(53) with the right side of the front left side of the Defendant’s vehicle, and received the front part of the Defendant’s vehicle without finding the victim F(53) with the right side.

Ultimately, the Defendant caused the death of the victim due to cerebral cerebral ties at H hospitals located in Nam-gu G in South-gu, South-gu, where the Defendant was under the treatment of transmission after around 14:00 on August 14, 2015 due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act [the scope of recommendation] [the grounds for sentencing of the two types of general traffic accidents (the 4 months to 10 months of the imprisonment without prison labor), the mitigation area (the 10 months to 10 months of the imprisonment without prison labor] [including the efforts to recover damage] unfavorable to the victim [the sentence]: The victim died from an accident on the crosswalk while walking, the defendant has a record of suspended execution due to the crime of traffic accident, and the circumstances favorable to the defendant: The defendant paid and agreed to pay a agreed amount to the victim; the defendant's vehicle is paid with the comprehensive automobile insurance for which the defendant's driver's vehicle was subscribed, including the agreed amount and medical expenses.

arrow