logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.05.16 2016고단7798
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

Criminal facts

The defendant is a person who is engaged in driving of CTrack Motor Vehicles.

On August 13, 2016, the Defendant driven the above vehicle at around 22:50 on August 13, 2016, and proceeded the two-lanes of the 4nd line road in front of Suwon-si, Suwon-si, with the color patrol box from the color shooting distance.

Since the speed of restriction is 60 km per hour, a person engaged in driving service has a duty of care to observe the speed of restriction and operate the steering and brakes accurately and safely.

Nevertheless, the Defendant neglected this and led to the death of the victim E (n.e., 58 years old) who illegally crossed the said road from the right side of the Defendant vehicle to the left side at a speed of not less than 20 km a speed of not less than a speed of 93 km per hour, and caused the victim to take the front part of the Defendant vehicle, which was sent from the right side of the vehicle to the left side, and caused the victim to die due to a low-blood shock shock, which was sent from the right side of the Defendant vehicle at a speed of not less than 51-4 square meters per hour at a speed of not less than 20 km per hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident-related statement of H;

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

1. Relevant photographs, photographs, and related photographs;

1. Application of Acts and subordinate statutes to dead bodies;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Two types of general traffic accidents (Death or injury caused by traffic accidents) to which the sentencing criteria apply, are applied, where the area of mitigation (from April to one year) is to be special mitigated (aggravating: No penalty shall be imposed;

2. Circumstances favorable to the accused shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The mistake of the victim who dried the crosswalk in violation of the pedestrian signal seems to have caused the accident of this case.

The defendant is a bereaved family member of the victim.

arrow