logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2018.07.25 2018고단346
교통사고처리특례법위반(치사)
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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On March 17, 2018, the Defendant driven the above car on March 17, 2018, while driving it at a speed of 298, the Defendant driven the two-lane road from the fourth distance to the fourth distance from the Central Market, which is located at the speed of 19:48.

At the time, there was a night, and there was a duty of care to prevent accidents by thoroughly seeing the front door, lowering the speed, and accurately manipulating the brakes.

Nevertheless, the defendant neglected this and proceeded without reducing speed, and did not discover the victim C (69 years) who was under way on the one-lane road in the direction of the proceeding, and tried to set it into the above car of the defendant's driving.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on March 17, 2018, at the emergency room of the Dong University race Hospital located in 87, Dong-si, the Dong-dong University University and its first place of the racing hospital, as Dong-si on March 17, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, on-site photographs, and CCTV images closure photographs;

1. The application of Acts and subordinate statutes to death certificates and autopsy appraisal certificates;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [the scope of recommended punishment] In general traffic accidents, the victim died due to a traffic accident that has occurred by the defendant (including a special mitigated person from April to one year) in the mitigation area (including efforts made to recover damage) / [the decision of sentence] the punishment not to punish (including a serious effort to recover damage]. The result is significant.

However, the defendant recognizes all criminal facts and reflects them.

arrow