logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2015.05.08 2015고단41
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 engaging in driving a rocketing car.

On January 24, 2015, the Defendant driven the above car at around 00:28, and led the front road in the direction of the area of the area of the area of the shot (U.S.) of the Y., the Y., is going to the direction of the area of the area of the Y.

At the time, there is a night and a place where the center line of the yellow-ray is installed. In such a case, there was a duty of care to safely drive the driver, such as protecting his own car line and checking the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and led to the negligence of driving the center line, which was going on the opposite vehicle line, to the top part of the rocketing car.

Ultimately, the Defendant caused the death of the Victim F(19 years of age) who is the chief passenger of Defendant’s car by occupational negligence as above, due to the damage to two parts at the site of around 00:45 on the same day, and the damage to chests.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. A corpse inspection report;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. 112 Reporting case handling table; and

1. Application of statutes on site photographs;

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 (Considering Circumstances favorable to the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc.;

1. Application of sentencing standards [Scope of Recommendation] Standard of General Traffic Accidents in Type II (Death, etc. of Traffic Accidents) (Act No. 4-10 months in the safe), scope of punishment not to be imposed (including particularly mitigated efforts to recover damage): 4-10 months in imprisonment without prison labor for a period from April to October;

2. Determination of sentence - The accused shall be sentenced to imprisonment without prison labor for four months, suspension of execution 1 year, and an order to attend a law enforcement lecture for forty hours;

arrow