logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.10.15 2013고단1120
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is the driver of a cargo vehicle B.

On June 08:25, 2013, the Defendant proceeded along the 3-lanes in the direction of returning from the boundary of the new mountain distance to the direction of returning from the 3-lanes.

There are many vehicles parked on the street according to the factory site, and the defendant is driving the vehicle behind the vehicle in front and changing the course to the right, so in such a case, the driver of the vehicle has a duty of care to safely change the course by checking the safety of the course that he intends to change, etc.

Nevertheless, the defendant neglected this and found the C treatment Tracker who was parked in the three-lane way while leaving the three-lanes, and caused the hand to the left-hand side while making a sudden stop, but did not avoid it, and led the part behind the left-hand side of the Tracker.

Ultimately, the Defendant caused the death of the victim D (the age of 26) who was on board the head of the Defendant’s driving vehicle due to the foregoing occupational negligence, by taking emergency measures at the E Hospital located in the Chang-si, Changwon-si, Changwon-si around 09:54 on the same day.

Summary of Evidence

1. Defendant's legal statement;

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

1. Photographs (road and on-site photographs);

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered in depth, the fact that automobile comprehensive insurance is subscribed to, the fact that there is an agreement with the bereaved family members of the victim, the fact that there is no penalty exceeding the fine, the circumstance of the occurrence of the accident, etc.

arrow