logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.08.11 2016고단798
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2015, the Defendant was driving on the national highways No. 44 located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-ro, Hongcheon-ro, 1488, and led to two lanes in Seoul from the side of Hongcheon-si, Hongcheon-si.

At the time, there are no street lamps at night, so the driver of the vehicle had a duty of care to safely drive the steering system by accurately manipulating the steering side and the steering system.

Nevertheless, the Defendant neglected this and failed to discover the victim D(41) that was located on the two-lanes of the road at the end of the Defendant’s vehicle, thereby facing the victim’s head, etc. in front of the right part of the vehicle.

As a result, the Defendant caused the victim to have the above occupational negligence in around 22:56 of the same day, and around 77 at the Hancheon-si University of Chuncheon, Gangwon-do, to have the victim died with the scarcity of credit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to photographs by reporting traffic accidents, conducting fact-finding surveys and photographs, death diagnostic documents, booming video images;

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. Circumstances in favor of 0 favorable reasons for sentencing under Article 62 (1) of the Suspension of Execution Act: A victim's fault was also considerable in the occurrence of an accident, a primary crime, a motor vehicle comprehensive insurance policy is being subscribed, and the heir of the victim was as a customer and deposited KRW 10 million as compensation for damage;

(k) Unfavorable circumstances: A serious result of death has occurred, but no agreement has been reached with the bereaved family members of the victim;

O.0 Other circumstances, etc. after the crime.

arrow