logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.08.22 2018고단270
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 who is engaged in driving a BMW car.

On October 20, 2017, around 21:35, the Defendant continued to drive a road at the intersection of 497 sub-stopp, a monthly stop in Daegu-gu, Seogu, Daegu-gu, 497, along four-lanes from the Ne-distance Bank of Korea to the boundary of another Daegu-gu tax office.

However, since the location at the time is 60K m high speed and the intersection where signal lights are installed, a person engaged in driving motor vehicles has the duty of care to observe the speed limit and drive the motor vehicle in compliance with the signal.

Nevertheless, the Defendant neglected this and got the victim C (53) who crosses the road on the right side from the left side of the running direction to the right side of the Defendant’s vehicle due to the negligence of exceeding 35.4 Km of the restriction speed as above and the vehicle stop signal in violation of the vehicle stop signal.

As a result, the Defendant caused the victim to die due to the above occupational negligence on October 21, 2017 at Daegu Tol University Hospital located in Daegu-gu, Daegu-dong around 05:37, 2017.

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 and a report on actual condition investigation;

1. A death diagnosis report or postmortem report;

1. Application of Acts and subordinate statutes to traffic accident analysis and appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing [the scope of recommended punishment] Part 2 of the Act on the Punishment of Traffic Accidents [the person subject to special mitigation] [the person subject to special mitigation] Article 4(1)] of the mitigated area (including efforts to recover damage] [the sentence] of the crime of this case] which resulted in a serious result of death as a result of the crime of this case. Meanwhile, the defendant is against himself at night, the victim was crossing the road without permission, the defendant agreed with the victim's bereaved family, and the harming vehicle.

arrow