logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.12.10 2015고단6608
교통사고처리특례법위반
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of a cargo vehicle in C1 ton.

On August 19, 2015, at around 06:45, the Defendant driven the lux Park 79-way intersection from the lux Park in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, the Defendant driven the lux Park from the luxa Park to the luxa distance slope.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in accordance with the new code after a person engaged in driving a motor vehicle well sees the right and the right and the right at a speed.

Nevertheless, the Defendant neglected this and did not discover the E-to-face driving of the victim D (Nam, 74 years old) driving in accordance with the new subparagraph from the LG apartment room on the left side of the moving direction to the coast, the left side of the moving direction, and did not discover the E-to-face driving of the victim D (Nam, 74 years old) driving in accordance with the new subparagraph, and shocked the part above-to-hand side of the cargo of the Defendant on the upper right side of the cargo of the Defendant.

The Defendant caused the death of the victim D due to the above occupational negligence, which caused the death of the victim D due to brain damage caused by a traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, a actual survey report, and a comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes concerning autopsys;

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. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order [decision of type] for general traffic accident (the resulting in a traffic accident) - The punishment for mitigated factors (including serious efforts to recover damage) / [decision on the recommended sphere] 4 months to 10 months [the scope of recommendation range] - The amount of general person who has subscribed to the comprehensive motor vehicle insurance for mitigated factors.

arrow