logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2016.02.05 2015고단1120
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Obane.

On June 26, 2015, the Defendant, at around 07:30 on June 26, 2015, continued to proceed from the direction of the lower court to the lower court, a one-lane road in front of the diversary health well-being of the State.

Since there is a road with a center line of yellow solid lines, there was a duty of care to prevent accidents by passing the center line to the right side of the center line.

Nevertheless, the Defendant neglected this and went beyond the center line to the opposite direction by the negligence of proceeding beyond the center line, and received the front part of the right side of the registered Otoba, which the Defendant drives, from the above Otoba, the front part of the right side of the Otoba.

As a result, the Defendant caused the death of the victim due to the negligence in the above business, which occurred during the transmission to the Gongju Medical Center located in Gongju-si around 10:20 on June 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. Comprehensive traffic accident analysis replies;

1. Application of Acts and subordinate statutes to death certificates;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of recommended punishment] The mitigated area of the two types of traffic accidents (in April to October), [the person who has been specially mitigated] [including efforts to recover damage] the imprisonment without prison labor] 8 months, the suspension of execution 2 years, the defendant's confession against himself/herself, the first offender, the defendant is the first offender, the defendant is not wanting to be punished by the defendant's age, sexual behavior, environment, motive and circumstances after the crime, etc.

arrow