logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.06.04 2015고단747
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK7 cars.

On January 18, 2015, at around 01:42, the Defendant proceeded in front of the cadastral works in Seo-gu, Seo-gu, Seo-gu, Gwangju along the two lanes from BYC to the Bank of Korea.

At the time, since it is at night, there was a duty of care for those engaged in driving of motor vehicles to live well on the right and the right, and to safely operate the steering gear and the brakes.

Nevertheless, the defendant was negligent in driving a vehicle while driving the vehicle on the road, and the victim D (the age of 58) who was on the above road was driven by the defendant.

Ultimately, at around 16:00 on the same day, the Defendant caused the death of the victim due to low blood transfusion shock in the 365 Joseon University Hospital, as the instant occupational negligence, from 16:00 the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs and damage situations, and death diagnosis reports;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for not less than two months to not more than October, and the special mitigation area (in case of the death of a traffic accident) for the type two special mitigation areas (in case of the death of a traffic accident) for the special mitigation areas: In case where the victims have committed considerable negligence in the occurrence of a traffic accident or the expansion of damage,

3. Determination of sentence: A sentence of imprisonment without prison labor for four months and a suspended execution of one year shall be the result of the death of the victim and the result of the damage.

However, it seems that it would not be easy to detect the victim who had been sleeped in the two-lanes of the four-lanes in which there is no crosswalk at the time of the four-lanes, and to avoid an accident, the defendant is in profoundly against the first offender, and the driver is driving of the defendant.

arrow