logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2020.11.27 2020고단1414
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On August 12, 2020, the Defendant driven the above vehicle on August 15, 2020, and proceeded with D' prior to D' in the following City City C from the long distance protection of movable property hospital to the long distance protection of movable property.

In this case, the driver of a motor vehicle has a duty of care to check whether there is a vehicle or a person passing through the intersection by reducing the speed of the motor vehicle and checking the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and went through the intersection on the right side of the direction of the Defendant’s proceeding by the negligence of passing through the intersection, and the Defendant did not find the electric wheelchairs driven by the victim E (E, 75 years old) to the left side, and had the victim go beyond the road with the front part of the said vehicle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, such as brain liver function transfer, etc. while receiving treatment from G Hospital located in the F in the Hasan-si on the same day at around 19:28.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Report on the occurrence of a traffic accident and the actual investigation report on the traffic accident;

1. Application of Acts and subordinate statutes to death certificate (E);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One month to five years from a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents (special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage): Reduction area and imprisonment without prison labor (including the recommended area and recommendation range).

arrow