logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2015.10.29 2015고단629
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a sealed truck B.

On January 2, 2015, the Defendant driven the above cargo vehicle on January 10:25, 2015, and driven the three-lane road in front of the Seoul Arts Center, which is in the Yellow-dong at the time of racing, at the speed of an insular speed, along three-lanes from the fluence side to the port of port.

A driver of a motor vehicle has a duty of care to prevent accidents in advance by thoroughly operating the front time and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and found the victim C (the age of 76) who crossed the road to the right side from the left side of the road due to negligence, and took an urgent action, but did not stop, and received the victim as the front portion of the cargo driven by the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as brain and scarfy in the Dong National University Hospital and the Materne Hospital located in 87, Dong-si, which was being treated after the aftermath on June 1, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Death of a traffic accident report, actual condition investigation report, or traffic accident occurrence report (two assistant reports);

1. A death certificate;

1. Application of 10 copies of field photographs and 8 copies of photographs; and

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are the same as the facts constituting a crime in the judgment of the court below, resulting in the death of the victim.

However, there is negligence that the victim is an unauthorized crossing, the defendant subscribed to a comprehensive insurance, the defendant has no record of qualification suspension or more, and the defendant's age, character and behavior, environment, and the motive for the crime of this case.

arrow