logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2016.04.21 2016고단165
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the business of operating a C-W flobing truck.

On December 2, 2015, the Defendant driven the above cargo vehicle around December 12:25, 2015, led to the running of a shooting distance as an access road to the new village in the Young-gun, Young-gun, Young-gu, Gyeongnam-do, to a level of about 30km in the direction of the Si/Gun opposite to the ebbbs in the direction of the ebs.g., the location where the vehicle is frequent and the access road and the farm road crossing each other. In such a case, a person engaged in driving a motor vehicle has a duty of care to operate the steering direction and brake system accurately by reducing speed and properly manipulating the right side.

Nevertheless, due to the negligence of neglecting this, the defendant's driving of the victim D (81 tax) driving on the right side from the left side of the defendant's proceeding direction, conflicted with the front wheels part of the ECA110 Obaba, which is the back door of the cargo vehicle, and caused the victim to go beyond the road.

Ultimately, the Defendant caused the death of a victim, who was under treatment after being transmitted to an emergency room of a university hospital located in Gangnam-ro 79 (Tlurandong 90), Gangnam-ro, Jinju-ro, Jinju-ro, by occupational negligence, due to a low blood transfusion shock, etc. on December 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition (1), (2), and a photograph of the scene of accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The sentencing criteria [Scope of the punishment on the recommended sentencing criteria] and the sentencing criteria (the scope of the punishment on the recommended sentencing criteria] shall not be subject to the punishment of two types of general traffic accidents (the death or injury of traffic accidents) ( April to October) in the mitigation area (the special mitigation person);

2. The defendant's specific reason for sentencing is that the nature of the crime of this case is not less than that of the victim in light of the details and the result of the damage, and the bereaved family members agree with the victim.

arrow