logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.06.15 2017고단1437
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment 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 who is engaged in driving of a c sealed and frozen cargo vehicle.

On February 27, 2017, the Defendant driven an above cargo vehicle around 13:52 on February 27, 2017, and turned back to 101 main apartment for the death village located in the Dong-dong of Gwangju-gu.

Since there is a lot of passage for people as a parking lot in the apartment complex, there is a duty of care to confirm the safety of the course and prevent accidents from occurring.

Nevertheless, due to the negligence of the defendant, the defendant 101 apartment parking lots, followed the defendant's vehicle and loaded the part of the victim D (the 75 years of age) who was walking the 101 apartment parking lot, and then damaged the road, and then the defendant divided the victim with the qui's axis.

Ultimately, at around 14:50 on February 27, 2017, the Defendant: (a) caused the victim to die with a heart pressure due to chest pressure from the Maddong Hospital located in 191, as the Northbuk-gu, Gwangju, Gwangju, by the foregoing occupational negligence; and (b) caused the death of the victim due to chest pressure from the Maddong Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, the Reasons for Sentencing [the type of determination] Class 2 (Special Traffic Accident Death, etc.) of the General Traffic Accidents Act - The elements for mitigation: [the scope of recommendation] mitigation area [the scope of recommendation] from April to one year [the scope of general sentencing] mitigation area] - Subscription to comprehensive motor vehicle insurance, serious reflects [whether probation is suspended] - Major factors for mitigation: If death occurs - Major reasons for mitigation - The main reasons for mitigation are positive: Non-entry of punishment - General reasons for mitigation: positive social relation is clear, and serious reflects.

arrow