logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2015.04.10 2015고단73
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On November 22, 2014, the Defendant driven the above car on the 22:50th of November 22, 2014, and driven the four-lanes in front of the D Hospital in Fagpo City C along the two-lanes in front of the D Hospital in Fagpo City, along the two-lanes from the west coast Highway to the westan apartment zone.

At this point, it is a road with a signal signal crossing, and it is at a point where the speed is 60 km per hour. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system while complying with the speed limit.

Nevertheless, the Defendant neglected this while driving a speed exceeding 34.3 km per hour by negligence in the course of duty exceeding 94.3 km per hour, and received the victim E (the age of 51) (the age of 51) who walked along the crosswalk from the left-hand side of the eavesd course to the right-hand side of the said vehicle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, such as double booming and cutting down at the site of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes to accident site, accident vehicle photographs, and comprehensive traffic accident analysis report;

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 (hereinafter referred to as the following grounds for sentencing)

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, two months to ten months (where the victim has a substantial negligence in the occurrence of a traffic accident even if he/she was a specially mitigated person, he/she shall not be punished);

3. The defendant's negligence not on the part of the defendant as to the decision of sentence or suspension of execution, but on the part of the victim's death, the victim also sent a signal.

arrow