logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2016.04.19 2016고단21
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a BP car.

On December 27, 2015, the Defendant driven the above car at around 20:45, and led the two-lane road in front of the DJ C in the southnam City of North Korea to proceed along one-lane from the 3rd side of the Chuncheon Confucian School.

At the time, pedestrians or bicycles crossing the road at night, and there are many kinds of bicycles, so they have a duty of care to reduce speed to driving people, to properly see the right and the right and the right, and to accurately manipulate the steering and steering devices so as to prevent accidents from spreading.

Nevertheless, as long as the Defendant neglected to perform his duty on the front side and neglected to do so, the victim E (the 76-year-old) who crosses the right side of the bicycle driving from the left side of the running direction of the Defendant, was subjected to the front part of the said car.

Ultimately, the Defendant caused the death of the said victim due to the foregoing occupational negligence from the South Korean Medical Center, which was located in 365 South Korean Won-si, South Korea, North Korea, where the transfer fee was paid from around 22:11 on the same day, to the death of the said victim due to the heart suspension.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, accident scene, and vehicle photograph;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] In general traffic accidents, the mitigation area (4 to 10 months) [the person subject to special mitigation] [including efforts to recover damage], and the victim’s death caused by the Defendant’s negligence.

However, the fact that the defendant is the first offender and the criminal negligence, the best efforts to provide relief after the accident, the fact that the victim has agreed with his/her bereaved family, and the motor vehicle insurance has been subscribed.

arrow