(영문) 서울중앙지방법원 2015.01.14 2014고단9354

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.01.14 2014고단9354

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 is engaged in driving of B.

On October 22, 2014, at around 13:25, the Defendant: (a) driven the said vehicle on the front side of the Seocho-gu, Jongno-gu Seoul Metropolitan City and the Changnam-do, the 99-dong, in accordance with the two-lanes of the said road, which is the two-lanes of the Changnam-do, from the surface of the Jinnam-do, to the surface of the Jinnam-do, the front side of the said road; (b) in such a case, the Defendant neglected to perform his duty of care to safely examine the surrounding areas; and (c) due to the negligence of driving the vehicle, the Defendant, while neglecting to do so, caused the death of the victim C (n, 78 years of age) who was standing the road to the right side of the Defendant’s running direction.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Applicable provisions of Acts to criminal facts and Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of treasury penalties

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (Scope of Recommendation) of the suspended sentence in general traffic accidents [Article 62 (1) of the Criminal Act] where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage to the victim (special mitigations] within the area of special mitigation (Article 2-10) (Article 62 (1) of the Criminal Act, a decision not to punish the victim [Article 62 (1) of the Act shall be taken into account: (a) 2 years of suspended sentence (the decision not to punish the victim] in May of the imprisonment without prison labor; (b) 2 years of suspended sentence (the fact that the victim was the first offender; (c) 3 years of suspended vehicles from

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

-광주지방법원 2013.01.15 2012고단6256

-인천지방법원 부천지원 2016.03.04 2016고단231

-수원지방법원 2014.08.14 2013고단7138

-대구지방법원 2018.10.24 2018고단3818

-서울서부지방법원 2017.07.06 2017고단933