logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2019.07.24 2019고단994
교통사고처리특례법위반(치사)
Text

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

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

On April 9, 2019, at around 01:25, the Defendant driven a B-Wnd-Wnd-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Led-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

At the time of night, the front door of the road was flowed at night, and the speed limit at every hour is 60 km, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to look at the front door well, observe the speed limit, and accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding 28 km every hour, and found the victim D(73 years old) moving ahead of the same lane late and took a sudden action to avoid the collision, but did not avoid it, and received the victim as the front part of the said car.

Ultimately, around April 9, 2019, the Defendant caused the victim to die while receiving medical treatment at the F Hospital located in the Gu E during the Gyeonggi-si, around 02:07.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. One copy of the analysis of traffic accident and that of the speed announcement;

1. A death certificate;

1. Application of the Acts and subordinate statutes to the site and carcasss, and to caps of booms video images;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: From one month to five years of credit cooperatives;

2. Reduction elements of Type II (the death of a special person) (the death of a traffic accident) (the death of a special person) shall be mitigated according to the sentencing guidelines: the victim is also negligent in causing a traffic accident or expanding damage.

arrow