(영문) 창원지방법원 거창지원 2016.07.13 2016고단160

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) 창원지방법원 거창지원 2016.07.13 2016고단160

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a dump truck driver.

On April 23, 2016, the Defendant driven the above vehicle on April 13:45, 2016, and driven the above vehicle at a speed of about 60km from the border to the Gohap-Eup along three lanes in front of the video theme park in the parallel of Gohap-gun, Chungcheongnam-gun.

Since there are many persons who want to cross the road as crosswalks are installed around the vicinity, there was a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right while driving the motor vehicle at a speed.

Nevertheless, the Defendant neglected to do so and did not discover the victim D, who crosses the road to the right side from the left side of the defendant's proceeding direction, and did not find out the victim D (the age of 81) and received the victim from the two sump truck sump trucks.

Ultimately, the Defendant suffered injury to the victim due to the foregoing occupational negligence, and caused the death of the victim in 18:30 on the same day while transferred to the ordinary university hospital and received medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

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 (Article 62 (1) of the Criminal Act on the grounds that the death of a victim was caused by the negligence of the defendant, but considering the fact that the defendant has agreed with the representative of the victim and the fact that

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

-창원지방법원 거창지원 2017.02.15 2016고단488

-창원지방법원 거창지원 2016.07.13 2016고단146

-창원지방법원 거창지원 2017.12.22 2017고단318

-광주지방법원 순천지원 2016.07.20 2016고단155

-창원지방법원 거창지원 2017.01.11 2016고단464