logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2020.09.08 2020고단3088
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for 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 of B Poter cargo vehicles.

On June 27, 2020, the Defendant driven the above vehicle around 03:20, and proceeded with the 616-ro, Bupyeong-ro, Bupyeong-do, and the Sacheon Sports Center Sacheon-do, Sacheon-ro, Gacheon-do, and Sacheon-do, Sacheon-do, Gacheon-do, Kim

Since the location is an intersection with signal apparatus installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to observe the signal and to prevent accidents by driving the motor vehicle safely.

Nevertheless, the defendant violated red signal and proceeded to turn to the left from the opposite direction of the victim C (Nam, 31 years old) who was driven by the victim C (Nam, 31 years old) who was driving in accordance with the new code in the opposite direction of the defendant's right-hand turn, and shocked into the front part of the cargo vehicle above.

Ultimately, at around 04:28 on the same day, the Defendant caused the above victim’s death due to the injury to the mental disorder caused by the traffic accident at the Bupyeong-si E and F Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition (1) (2);

1. A copy of a death diagnosis document;

1. Application of accident-related photographs and accident video CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had been punished by a majority of the crimes related to traffic accident, drinking and unlicensed driving, the Defendant committed the instant crime, the Defendant’s negligence in the instant accident is not less minor, and the Defendant’s death resulted in a serious consequence, etc. that is disadvantageous to the Defendant.

However, the defendant recognized the crime of this case, and the defendant was punished for the same crime since 2010.

arrow