logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2016.02.17 2015고단359
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving Category C 25 tons dump truck vehicles.

On July 16, 2015, the Defendant driven the above vehicle at around 12:30 on July 16, 2015, and got straight along the two lanes near the valley tunnel, which is located in the fence of the articles of incorporation of the Busan-gun.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering system, steering system, brake system, etc.

However, the Defendant neglected this and got the victim to use the part on the left side of the victim D(49) who was parked on the side of the road due to the negligence of driving it on the side of the road as it is, by taking the part on the right side of the front driver's vehicle of the defendant, which was 90 degrees back to the right side of the victim's vehicle.

On July 22, 2015, the Defendant caused the death of the victim due to brain liver in the maritime substitute hospital located in the 875 Busan Shipping Daegu Shipping on July 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a survey report on actual condition;

1. On-site photographs of the accident site and photographs of black stuffs;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes to each investigation report (investigation of witnesses, investigation and analysis conducted by the Korea Road Traffic Authority);

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

1. Selection of a credit cooperative;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for traffic accidents in general shall be limited to the area of mitigation (four months from April to October) (the area of mitigation of special sentencing) in the area of mitigation (the area of mitigation of traffic accidents in general). The mitigated punishment shall not be imposed;

2. The fact that the result of the death of the victim was caused by the instant crime of which sentence was determined.

arrow