logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2013.12.06 2013고단1596
교통사고처리특례법위반
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bbee or a car.

On September 12, 2013, the Defendant driven the above car on September 12, 2013, and led the road in front of the pressure and sea elementary school in the east-gu, Yannam-gun, the Yannam-gun, the Yannam-gun, the Yannam-do Office, to the area of the mountainside,

Since there is a road indicating the center line of yellow solid lines, the defendant engaged in driving of the motor vehicle had a duty of care to prevent accidents by emphasizing the front side and the left side of the motor vehicle.

Nevertheless, the Defendant was driven by the victim C(70 years of age) who is driving in the opposite lane due to the negligence of breaking the center line without putting the front line in order to overtake the same prior vehicle.

Ultimately, the Defendant caused the victim C to suffer injury, such as satisfying, etc. by a warden in need of approximately six weeks of medical treatment due to the foregoing occupational negligence, and caused the victim D (the 72 years of age), who is the son of the damaged lebane, to die with brain pressure around 02:00 on September 16, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A written diagnosis of death of D;

1. A written diagnosis for C;

1. Application of Acts and subordinate statutes on the spot and variable photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence of imprisonment without prison labor ( Consideration of the degree of negligence and the degree of damage);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 200,000Du4230,000,000,000 won have been agreed with the victims, the fact that a motor vehicle comprehensive insurance

1. Social service order under Article 62-2 of the Criminal Act;

arrow