logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.03.22 2016고단4631
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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

The Defendant is a person engaging in driving a rocketing car.

On October 17, 2016, around 04:58 around 04:58, the Defendant proceeded at a speed of about 81 km in the direction of the direction of the direction of the passage along which the three-lane road in the direction of the Hannam-gu.

At the time, the road was at night and its speed was 60 km per hour, so there was a duty of care to prevent accidents in advance by taking full-time and observing the speed limit to those engaged in driving service.

Nevertheless, the Defendant neglected to do so and did not discover the Victim F (ma, 66 years old) who was seated at the front line of the vehicle in the Defendant’s way, and was negligent in proceeding with the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at G Hospital around 05:35 on the same day due to damage to the chest caused by traffic accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. The screen of a CCTV-cape;

1. A death certificate;

1. Written response to the results of appraisal;

1. Application of Acts and subordinate statutes to a report on investigation;

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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act suspended execution: Circumstances favorable to the death of the victim by causing a traffic accident: The fact that the victim was at fault on the road at night, confessions and reflects, and are subscribed to a comprehensive motor vehicle insurance, and agreements are made with the victim's bereaved family members;

arrow