(영문) 대전지방법원 홍성지원 2017.01.31 2016고단828

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2017.01.31 2016고단828

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Puratom car.

On November 9, 2016, the Defendant driven the said car at a speed of about 50 km from the Cheongyang to the west-si in order to drive it at a speed of about 50 km from the Cheongyang to the west-si.

In such cases, the driver of a motor vehicle shall accurately operate the steering gear, brakes and other devices of the motor vehicle, the driver of the motor vehicle shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and the driver of the motor vehicle shall have the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the defendant did not discover the victim D (the age of 72) who walked to the right side of the front side by negligence while neglecting this, and did not discover the victim D (the age of 72) and got the victim to go beyond the road.

In the end, the Defendant caused the death of satise at the emergency room of Bohsan Hospital located in 46-8, 20:23 at the same day on the same day by occupational negligence as above, and caused the death of satise at the emergency room of Bohsan Hospital in 46-8.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a death certificate;

1. Comprehensive consideration of all kinds of sentencing conditions including the relevant legal provisions on 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, the selection of fines (a confession and reflection, the primary crime, the agreement with the bereaved family members of the victim, the occurrence of an accident between the victim and the victim's fault on the road, and the occurrence of a serious result, etc., shall be determined as per the disposition);

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

참조조문

유사 판례

-대전지방법원 홍성지원 2014.09.17 2014고단467

-대전지방법원 홍성지원 2016.04.26 2016고단21

-대전지방법원 홍성지원 2016.06.07 2016고단213

-대전지방법원 홍성지원 2016.11.29 2016고단661

-대전지방법원 홍성지원 2017.02.08 2016고단731