logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.08.30 2017고단4394
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 a period of 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 vehicles B.

On April 5, 2017, the Defendant driving the above vehicle at around 11:50, and driving the two-lanes in front of Incheon Strengthening Group C along the direction of the newspaper shooting distance, and driving at an insular speed along the direction of the two-lanes.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce speed and to check the front door and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the Defendant neglected to do so and proceeded along as it is, thereby, received the victim D (the age of 79) who walkes the crosswalk from the right side of the Defendant's proceeding to the left side, in front of the Defendant's vehicle.

As a result, the Defendant caused the victim to die due to such occupational negligence on May 18, 2017, the Defendant caused the death of the victim due to the pulmonary father, etc. of the 170 Mansan-ro, Seoyang-gu, Seoyang-si, Seoyang-gu, Seoyang-si, Seoyang-gu, Seoyang-gu, Busan

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A survey report on actual conditions;

1. A report on investigation (whether it is a serious injury) and a statement of opinion attached thereto (whether it is a serious injury);

1. Application of Acts and subordinate statutes of a death certificate;

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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the same Act is that the Defendant, while driving a motor vehicle, neglected his/her duty to take the front-time care of the motor vehicle, leading to the instant crime resulting in the death of the victim by shocking the victim who was walking along the front-round crosswalk in the direction of the proceeding. However, the Defendant has no criminal history of the same kind, and the vehicles are covered by a comprehensive insurance policy.

arrow