logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2020.01.21 2019고단1519
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 Bchip car.

On October 12, 2019, the Defendant driven the above car at around 20:40, and went behind to park the above car from the Nakdong-dong street located in 5-6 in the Gu-U.S. P.S. P.S. P. 5-6.

At the time, there are nights, and there are two sides, so in this case, the driver engaged in driving of the motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering and steering gear.

Nevertheless, the Defendant neglected the above duty of care and neglected to follow speed pedals, not bracs, but bracs, and was negligent by the Defendant’s husband, who was next to the said car, received the part of the victim C(49 years old)’s right side flacs on the right side of the said car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the E Hospital located in Gu-U.S. D at around 21:40 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to photograph, death certificate, and investigation report (a shotin statement) by cutting down a scene photograph of an accident, on-site survey report, on-site photograph, or black image of a witness vehicle;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures or orders to provide community service;

1. Scope of applicable sentences under law: One month to five years;

2. Application of the sentencing criteria [Determination of types] and general traffic accidents: Type II (Death, etc. of Traffic Accidents): Reduction element: In the area of reduction of punishment (the scope of recommending punishment), reduction area of punishment [the scope of recommending punishment], reduction area of punishment by imprisonment without prison labor for up to four months from one year;

3. The decision of sentence shall shock the victim in the course of parking; and

arrow