logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.01.06 2014고단5340
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives BMW 1,000cc.

On July 22, 2014, at around 19:35, the Defendant driven the above Obain on the front of the Southern Raba, which is located in the Sinsan Sindo, from the Cheongdodo-ro, to the Cheongdo-do-ro, the Defendant breached his duty of care to check whether pedestrians, etc. crossing the road by checking the front and rear left well, and thereby, the Defendant breached his duty of care to check closely whether there are pedestrians, etc. crossing the road, and caused the death of the victim C (n, 70 years of age) who was moving the road to the right side from the left side of the Defendant's proceeding.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the order to attend a compliance driving lecture [the scope of recommendation] general traffic accident [the case where there is a considerable fault in the occurrence or expansion of damage caused by a traffic accident even to the victim in the area of special mitigation [the person subject to special mitigation] / [the decision of sentence] 6 months without prison labor / 6 months, the defendant in the suspension of execution 2 years has caused the serious result of the death of the victim due to the accident in this case. However, even though the victim and his bereaved family members have agreed that the accident in this case occurred, the victim's agreement is a comprehensive insurance, the occurrence of the occurrence of the accident in this case becomes the cause of the occurrence of the accident in general traffic accident in consideration of the defendant's age, character and behavior, intelligence and environment, motive, means and result of the crime, the circumstances after the crime in this case, etc.

arrow