logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2016.10.07 2016고단576
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-est car.

On June 1, 2016, the Defendant driven the above car at around 23:20, and proceeded straightly from the sponse Park to the 72km long distance from the sponse Park to the sponse of Seosan Police Station, along the two-lane road in front of Seosan City.

At the time, crosswalks are installed at night and on the front door, and pedestrians are likely to appear suddenly, and the speed limit is not more than 50 km per hour, so in such a case, the driver of the vehicle has a duty of care to safely drive the front door and the right and the right and the right, and to prevent the accident in advance by safely maintaining the speed limit.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded with the restricted speed exceeding 22 km per hour, the Defendant did not avoid the victim E (the age of 46) facing the left side of the direction of the vehicle in which the Defendant was placed on the right side of the opposite direction of the mast, and got out of the front part of the Defendant’s vehicle.

Ultimately, at around June 2, 2016, around 11:47, the Defendant caused the death of the victim due to the diversical trauma and the low-tension shock from the Gacheon-ro Hospital located in 774-gil 21, Namdong-gu, Incheon, Namdong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G and H;

1. Application of Acts and subordinate statutes to a survey report on actual condition, CCTV images at the scene of an accident, death certificate, and comprehensive traffic accident analysis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act suspended execution: Circumstances that are favorable to the occurrence of a serious result of the victim's death: The victim's gross negligence without permission seems to have contributed to the occurrence of traffic accidents or the expansion of damage, and the victim's bereaved family members and surviving family members.

arrow