logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.03.23 2016고단5378
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 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 Poter Freight Vehicles.

On September 2, 2016, the Defendant driven the above cargo vehicle around 11:30 on September 22, 2016, and proceeded at a speed of about 40km per hour at a speed of about 40km in the front of the police box in front of the south of the Mancheon-gun, the south of the Mancheon-gun, which is located in the south of Mancheon-gun.

그곳은 우로 굽은 ' ㅓ' 형 교차로로 교통정리가 행하여 지지 않는 곳이므로 운전업무에 종사하는 자로서는 속도를 줄이거나 일시 정지하여 교차하는 차량 등이 있는지 여부를 확인하고 운전하여야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant neglected this and caused the part of the bicycle's right hand on the left side of the Defendant's running by the victim D(86) to go beyond the ground by the negligence of the Defendant.

Ultimately, the Defendant caused the victim's death by occupational negligence in light of the foregoing 13:32 day, resulting in the victim's diverosis and salivous death from the F Hospital located in Gwangju Mine-gu E.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment against the Defendant was determined by taking into account all of the sentencing conditions set forth in the pleadings of the instant case, such as the Defendant’s age, sex, environment, circumstance leading up to the Defendant’s crime, circumstance before and after the instant crime, etc., as well as the one-time fine for the reason of sentencing, Article 62-2 of the Social Service Order, Article 59 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. of the said Act.

arrow