logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2015.11.24 2015고단399
교통사고처리특례법위반
Text

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

except that 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 drives the clater II clater.

On July 24, 2015, the Defendant driven the above cargo vehicle on July 14, 2015, and proceeded at a speed of about 70km per hour, depending on the two-lanes, the national highway No. 38 prior to the chemical elementary school located in Tae-si 368, Tae-si, Tae-si, Tae-do, on the high side from yellow bank.

At the time, the road was bended by the direction and the surface was snded due to the malfunction. In such a case, the driver has a duty of care to safely drive the vehicle by reducing the speed and accurately manipulating the steering direction and the brakes.

Nevertheless, the Defendant neglected this and proceeded without reducing speed, and thereby, got the front part of the F E business Motor Vehicle driven by the victim E (hereinafter referred to as 61 years old) driving along one lane on the opposite side line beyond the central separation broom and driving beyond the central separation broom, and received the front part of the said cargo vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence, which was caused by the respiratory part and the heart suspension due to the cage cage at the above location at around 15:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to a de facto survey report, on-site photograph, CCTV-cape photograph, body postmortem examination report;

1. The proviso to Article 3 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. of Traffic Accidents) (Special Mitigation) [including efforts to recover from traffic accidents in April to October], the area of mitigation (including special mitigation], the area of punishment not (including serious efforts to mitigate damage] [decision of a sentence], the result of the death of a victim caused by the negligence of a defendant, and the fact that the central line of offense is an accident, the liability for such crime shall not be minor.

However, there is a particular agreement with the bereaved family of the victim, for the last ten years.

arrow