logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.04.21 2019고단5205
교통사고처리특례법위반(치사)
Text

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

However, 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 engaging in driving a vehicle QM3.

On July 5, 2018, the Defendant driving the said car around 21:10, and driving the said car at a speed of about 90km from the Seoul mountainside to the Busan mountainside area, the three-lane roads in front of the D resting area in Yangsan City C were driven at a speed of about 90km.

At the time, it was night and the front door of the night. Since other vehicles have stopped on the road due to the preceding traffic accidents, there was a duty of care to prevent accidents in advance by safely driving the steering and operating the steering system by reducing speed and accurately operating the steering and operating the steering system.

Nevertheless, due to negligence of failing to perform the duty of care at the front of the defendant's running direction, the defendant's vehicle's front front portion of the above SM5 vehicle is shocked by the defendant's front front part of the vehicle because he was found late and did not avoid the vehicle due to the preceding traffic accident, and continued to stop on the side of the road that caused the above traffic accident, and the back portion of the HH or another vehicle's left left side of the G Driving which was stopped on the side of the road that caused the damage was received by the defendant's front portion of the vehicle.

Ultimately, around July 26, 2019, the Defendant caused the death of the victim I (the 52 years of age) who was accompanied by the Defendant’s car due to the above occupational negligence, to the Busan National University Hospital located in Seo-ro 179, Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The application of Acts and subordinate statutes to a letter of prosecution (involving relevant documents, such as an investigation report);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The types of recommendations according to the sentencing criteria;

arrow