logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2017.12.13 2017고단1445
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving of freight vehicles of Dter II II 1 ton.

On September 20, 2017, around 05:57, the Defendant got to turn to the left at a speed of about 30 km from the direction of the Si/Gu elementary school at a speed of about 30 km from the direction of the Si/Gupo-dong.

The location was installed at a crosswalk without signal signals on the front door, so if a person engaged in driving of a motor vehicle passes the crosswalk as well as his/her front left and left well by reducing the speed of the motor vehicle, the motor vehicle had a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and to check the safety of pedestrians and prevent accidents in advance.

Nevertheless, the defendant neglected this and got the victim E (V, 74 years old) who dried the crosswalk due to negligence in driving the crosswalk, and exceeded the floor.

Ultimately, the Defendant’s occupational negligence caused the death of the victim due to cerebral cerebral cerebral cerebral cerebral cerebral Bribery in the Busan-gu Busan-do Emergency Hospital, which was 75, the Busan-do Welfare Fee, was transferred around September 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident reports and accident scene photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Two types of traffic accidents (Death or injury caused by traffic accidents) to be mitigated (from April to one year) within the scope of the recommended punishment (person subject to special mitigation) shall not be punished;

2. Determination of sentence of this case is not provided for the nature of the crime in this case, but the above special mitigation factors and reflects, and the fact that the person is covered by comprehensive insurance, etc. shall be determined by taking into account;

arrow