logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2012.10.25 2012고단8320
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-rat vehicle.

On May 29, 2012, the Defendant driven the above car at around 17:10, and proceeded along the two-lanes between the two-lanes in the direction room and the two-lanes in the direction room of the Gu-Eup.

Since there was a road where the center line was installed, the defendant engaged in the driving of motor vehicles had a duty of care to safely drive the motor vehicle and prevent accidents by safely driving the motor vehicle, such as operating the motor vehicle with the steering gear and operating the steering gear accurately.

Nevertheless, the Defendant was negligent in driving a car due to the influence of drinking, and the full part of the victim D(31) driving Maz car driven by the victim D(31) which was driven at the vehicle line of the opposite part of the Maz car was entirely part of the Defendant’s car.

In the end, the Defendant caused the death of the victim D and the victim victim F (54 years of age, female) by occupational negligence as above, respectively, due to brain injury, etc. in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning G;

1. Fact-finding survey report and notification of the results of traffic accident analysis;

1. Application of the Acts and subordinate statutes of written autopsy;

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

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act. Article 40 (Punishment of Punishment on Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with heavier Crimes);

1. Selection of a sentence: The defendant does not have the same criminal record in the reason for sentencing a sentence of imprisonment without prison labor; he/she agreed with his/her bereaved family members; however, although he/she commits a mistake, he/she is grossly negligent in driving, and two persons died, and thus, the defendant cannot be exempted from the sentence of imprisonment without prison labor like the order.

arrow