logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.06.13 2018고단6724
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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 a MF6 car.

On August 21, 2018, the Defendant driven the said car on August 21, 2010, and proceeded about 74.8 km from the direction of the Ambassador to the speed of the Si/Gun/Gu office building at the speed of about 74.8 km in front of the Dr. Dr. C's bus operation in Suwon-si, Suwon-si, Suwon-si.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the front left.

Nevertheless, the defendant neglected this and found the victim E (year 54) who illegally crossed the road above the end of the passenger car driving direction from the right side of the defendant's car driving direction to the left side, and shocked the victim with the front part of the defendant's car driving.

Ultimately, the Defendant caused the death of the victim due to brain injury on August 25, 2018, when he/she had the victim receive medical treatment at a F Hospital due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Comprehensive traffic accident analysis report;

1. Sceness of on-site and CCTV images;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order of Community Service and Order to Attend Education [the Decision of Sentence] of the basic area (8-2 years) of the No. 2 traffic accident (the Decision of Sentence] of the Act on the Punishment, etc. of Traffic Accidents (the Decision of Sentence] of this case was caused by the Defendant's mistake that the Defendant discovered the victim walking on the road at the front bank, but did not properly operate the steering direction and brake system, resulting in the death of the victim, and the result of the victim's death was not easy and the Defendant did not agree with the bereaved family of the victim.

(b).

arrow