(영문) 인천지방법원 2015.03.26 2014고단9484

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) 인천지방법원 2015.03.26 2014고단9484

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a taxi driver and a person who is engaged in driving a rocketing car.

On November 5, 2014, the Defendant driven the above car on the 04:17th day of November, 2014, and led the front road of Incheon in Yeonsu-gu Incheon to the training four complex from the school distance.

At the time, it is a road at the speed of 60 kilometers per hour in which crosswalks are installed at night. In such a case, a person engaged in driving service has a duty of care to safely operate by complying with the speed limit and by checking well the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded at a speed of about 90 kilometers per hour beyond the speed limit, and caused the Defendant’s front side to the right side of the road along the crosswalk, which was 75 years old.

Ultimately, the Defendant caused the victim's death by negligence in the above occupational field due to symptoms, scarcity damage, and scarcity.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement on the occurrence of traffic accidents;

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

1. Photographss and photographs of victims related to accidents;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

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

1. Reasons for the suspended sentence under Article 62 (1) of the Criminal Act [the scope of recommendations] / [the grounds for the suspended sentence] / [the grounds for the sentencing] 2 types of general traffic accidents (the death of traffic accidents) (the special mitigation period between February and October) / the special mitigation area (the victim / the victim / the victim / the victim / the victim / the victim / the victim / the victim / the victim / the victim / the victim / the victim / the victim / the victim / the victim

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

-광주지방법원 2014.05.20 2014고단465

-전주지방법원 군산지원 2019.10.30 2019고단871

-부산지방법원 서부지원 2020.06.30 2020고단570

-광주지방법원 목포지원 2019.12.10 2019고단528

-의정부지방법원 2015.03.17 2014고단4293