logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2015.04.24 2015고단26
교통사고처리특례법위반
Text

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

However, 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 the driving of Oraba, C.

On December 30, 2014, the Defendant driven the above Obabaon on December 14:35, 2014, and led to the direction of the budget from Daejeon to the front-dong-dong-dong-dong-dong-dong-dong-only.

Since there is an intersection where a signal, etc. is installed, the driver had a duty of care to ensure the safe operation by accurately operating the steering and steering system while keeping the signal.

Nevertheless, due to the negligence of entering the above intersection even though the defendant was a stop signal, the defendant's moving back to the left side of the driver's ESexton car, which was proceeding in accordance with the new code from the right side of the defendant's proceeding to the left side, was completely shocked by the above Orala, and accordingly, the victim F (W, 76 years old) who was the wife of the defendant who was on the back side of the Oralab, was on the back side, was forced to fall off on the road surface.

Ultimately, the Defendant caused the victim's death by occupational negligence at around 23:37 on the same day from the Gongju Medical Center, which is located in 130 Gongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. A death certificate/F;

1. A report on the occurrence of a traffic accident and the report on a traffic accident (on-site investigation);

1. The signal cycle table for the intersection;

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes to report on investigation;

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 (including circumstances favorable to the accused among the reasons for sentencing following the period of suspended sentence);

1. Application of sentencing standards [Scope of Recommendation] General Traffic Accidents Type 2 (Death, etc. caused by Traffic Accidents) (hereinafter “Special Mitigation”), the area of mitigation (under April to October), the area of punishment not to be imposed (including efforts to recover damage), the range of sentencing compared with recommended sentences: April to October 2.

arrow