logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.02.04 2015고단1205
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 4, 2015, the Defendant driven BMW car around 00:35, and proceeded with three lanes in front of the D cafeteria located in North-gu C at the port at the port at the port along the two lanes from the two roads to the academic dynamics.

At the time, there was a duty of care to prevent traffic accidents by operating a person engaged in driving a motor vehicle thoroughly, complying with the speed limit, and operating the steering and brake system accurately by operating the steering system in accordance with the speed limit.

However, the Defendant proceeded with the restricted speed exceeding 42 km per hour, and found the victim E (56) who crosses the road to the right side from the left side of the Defendant’s vehicle late to find it fast, but failed to avoid it, and received the victim from the front part of the Defendant’s vehicle, thereby allowing the victim to go beyond the floor.

Ultimately, the Defendant’s occupational negligence caused the death of the victim due to an cerebral cerebral injury at a hospital specified in the Posco of South-gu, South-gu, Posco at around 10:19 on October 14, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. A copy of a death diagnosis or postmortem report;

1. Notification of results of traffic accident investigation and analysis;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a photograph of a boom stuff image)

1. Relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] of Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] 2 types of general traffic accidents (the period from February to October of the imprisonment without prison labor ] (the special mitigated person] where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage): The victim's death, and the defendant is making excessive speed exceeding 42 km.

arrow