logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 장흥지원 2018.07.19 2018고단88
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving of a C-III truck.

On April 24, 2018, the Defendant driven the above vehicle at a speed of 03:55, while driving the vehicle at a speed of 03:0,000, the Defendant proceeded from the middle distance to the smallest side of the road at the front direction of the E, which is located in D of the Southern-gun.

At night, in such a case, since a person engaged in driving service was at night, he neglected his duty of care to drive safely by reducing the speed of the person engaged in driving service and driving on the right and the right and the right, and neglected to do so, and the body of the victim F (F, 76 years old) who was walking in the same direction in the front and the right and the right and the right of the person was obstructed, and the part of the above vehicle was shocked to the front part of the above vehicle.

Ultimately, the Defendant caused the death of the said victim due to the above occupational negligence, such as large-scale transfusion and plesing, accompanied by a cage cage at the Gangwon-do Medical Center, South Korean Medical Center, where the said victim was in the same way 04:05 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report on actual condition, on-site photograph and explanation of accident, photographs and explanation of the deceased, and a death diagnosis 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The elements of sentencing in favor of the defendant: the fact that the defendant recognized his mistake and speaks against the defendant, the fact that the victim's bereaved family members agree with the victim, the victim's bereaved family members do not want the punishment against the defendant,

In this case, the victim dies.

arrow