logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.04.07 2016고단485
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On December 1, 2015, the Defendant driven the above cargo vehicle around 18:35, and led the D Hospital located in Gwangju Mine-gu C to go through the intersection of the distance in front of the D Hospital located in Gwangju Mine-gu from the new hospital to the hump elementary school.

Since there was a cross-section where signal lights are installed, there was a duty to safely proceed to a person engaged in driving service and prevent accidents in such cases.

Nevertheless, the Defendant neglected this and failed to stop immediately before the stop line or intersection, and due to the negligence of proceeding, and thereby, received the part on the right side of the victim E (33 ) driving normally left to the left in accordance with the new subparagraph from the bread elementary school of Madung, which was normally left to the right side of the victim E (33 ) in front of the left side of the vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at a pre-university hospital located in 42, Dong-gu, Gwangju, Dong-gu, Gwangju, where the victim was under transmission treatment after around 12:45, December 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Act and subordinate statutes governing the actual condition survey report, death certificate, and on-site photographs of traffic accidents;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended punishment according to the sentencing guidelines: Persons who are subject to special mitigation in the mitigation area of traffic accidents in the range of two types of general traffic accidents from April to October of the credit cooperative: Persons who are not subject to punishment;

2. Determination of sentence: Imprisonment with prison labor for eight months, probation for two years following the suspension of execution, taking into account all the conditions of sentencing specified in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the commission of the crime.

arrow