logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2017.08.23 2017고단505
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 for C.

On November 11, 2016, the Defendant driven a vehicle above 08:45 around 08, 2016, and proceeded with the implied distance of 3,000,00 square meters south from the surface of the KBS shooting distance.

At this point, a person engaged in driving service with an intersection has a duty of care to live well on the front side and the right and the right and the right, and to accurately operate the steering direction and the brake system.

Nevertheless, the Defendant, by negligence that did not see the front side properly, received the victim D (n, 89 years old) from the front side of the said line, which was cross-roaded to the front side of the said line without permission, and had the victim go beyond the floor.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency room of the Gangwon-gu University Hospital on the same day, which caused the death of the victim due to the symptoms of serious injury to the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1), reporting of a traffic accident (2), on-site photographs (8), CCTV photographs (4), postmortem examinations, photographs of the dead body, photographs of the dead body (4), and the application of Acts and subordinate statutes of the postmortem protocol;

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 Act of the community service order;

1. Recommendations type based on the sentencing criteria;

(a) Areas subject to special mitigation of traffic accidents resulting: 1 year from February to February 1 - Special mitigation elements: In the event that the victim has been negligent due to the occurrence of traffic accidents or the expansion of damage, no penalty - General mitigation elements: Subscription to the comprehensive motor vehicle insurance;

(b) Suspension of execution: Suspension of execution - Main reasons for affirmative consideration: If the victim has been negligent due to the occurrence of a traffic accident or the expansion of damage, no penalty shall be imposed;

2. The defendant is disadvantageous to the result of the instant crime because the victim who was sentenced to punishment died while being severely damaged.

arrow