logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.10.31 2017고단3797
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

On June 30, 2017, the Defendant, while driving a B car around 21:45 on June 30, 2017, neglected to perform his/her duties at a point 51 km in the direction of the west-nam Highway from the Yecheon-do to the 1-lane in the front direction among the two-lanes in the front direction, while neglecting to perform his/her duties at the same time.

C Driving's back portion of the D Driving's D Driving's D Driving's front portion of the said car and caused the victim E (e.g., 54 years of age) who was accompanied by the Defendant's Driving Vehicle to die on July 1, 2017 of the same year at the Joseon University Hospital located in Gwangju National University around 01:50 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. G statements;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning postmortem records;

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 on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, and Article 62-2 of the Act on the Punishment, etc. of Traffic Accidents / [The type of traffic accident / [the person subject to special sentencing] - The elements subject to mitigation: [the scope of recommendation] mitigation area / [the scope of recommendation] four months to one year [the person subject to general sentencing]] reduction area / there is no motor vehicle comprehensive insurance policy, serious reflectness, and no history of criminal punishment [whether suspended execution] where death occurs - The main reasons for special consideration - Where death occurs - The main reasons for which punishment is not positive: No history of punishment and no history of criminal punishment - General consideration for which there are no grounds for general consideration: the person subject to comprehensive motor vehicle insurance.

arrow