logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.11.17 2016고단3417
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of five tons or more of cargo vehicles.

On June 21, 2016, the Defendant driven the above cargo vehicle at a speed of about 20km in speed from the sscco school to the scco school at the scco school at the scco school at the scco school at the scco school at a speed of about 10km in speed.

In such a case, a person engaged in driving service had a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the passage of the pedestrian and prevent the accident in advance, in case where the pedestrian is passing the crosswalk, and the pedestrian has a duty of care to temporarily stop in front of the crosswalk so as not to impede the passage of the pedestrian.

Nevertheless, the Defendant neglected to do so and received G(50 years old) from the victim who dried the crosswalk according to the pedestrian signal due to negligence before the non-protective police station as it was in front of the cargo of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as pressure on brain at around 09:00 on June 24, 2016, cerebral pressure, and cerebral hemopsis (cerebral hemopsis).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes on traffic accident reports, signal systems, death certificate, and on-site photographs of traffic accidents;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Scope of the recommended sentence based on the sentencing guidelines: A person who is in a special sphere of the basic area of the Type II of traffic accident from August to two years of imprisonment without prison labor: Where the illegality in the proviso (excluding subparagraph 8) of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (in cases falling under any of the proviso of one proviso and in cases corresponding thereto), a special mitigated person: A person not subject to punishment (including efforts advanced for the recovery of damage);

2. Determination of sentence: Imprisonment without prison labor;

arrow