logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.07.12 2018고단1940
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving C4.5 tons of trucks.

On December 21, 2017, the Defendant driven the above truck, around 06:40 on December 21, 2017, and led to two-lanes (4 national highways) from the Youngcheon-si to the front-do area, which is on the accounting of the half of the north-do in Yongcheon-si.

At the time, the accident place is bended by the port side. In such a case, the driver has a duty of care to thoroughly see the front side, reduce speed, and accurately manipulate the steering and brakes to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and went through as it is, by negligence, received from the victim D (n, 67 years of age) driving in front of the Defendant’s vehicle, and caused the victim D to die in front of the Defendant’s vehicle on December 28, 2017 at Yong-Namnam University Hospital located in Daegu-gu, Daegu-ro, 170 on December 28, 2017. The victim F (n, 70 years of age), accompanied by the damaged vehicle, caused the victim F (n, g0 years of age), to die from the Gyeongnam University Hospital located in 130, Daegu-gu, Daegu-gu, Seoul, to be a teaching bridge, etc. on December 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each death diagnosis certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

- The victims have caused serious consequences of their death - the recognition and reflect of crimes, and the victims.

arrow