logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.07.25 2014고단4389
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving C25 tons dump trucks.

On March 14, 2014, at around 15:10 on March 14, 2014, the Defendant driven the above truck, and started driving one lane in front of the oral processing 119, which is located in the south-do of Busan Metropolitan City, from the intersection to the intersection between the South-west and the south-west.

At this point, there are frequent traffic of ordinary people and many persons crossing roads without permission. In such a case, there was a duty of care to prevent accidents by accurately manipulating the steering system and the brake system by properly monitoring the steering system and the steering system.

Nevertheless, the Defendant did not find out the victim D (n, 76 years old) who illegally crossed the road to the right side on the left side by negligence of neglecting the front side of the truck, and instead received the victim from the front part of the truck, the Defendant served four wheels of the truck driver's seat.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by damaging the head, face, body bridge, and the diversity of the bridge at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to CCTV images-fagrix photographs and body postmortems;

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

1. Selection of imprisonment without prison labor, taking into account the fact that the negligence of the defendant is not many, since the selective death of the punishment is an accident and the accident occurs low on the road which has frequent crossing

1. Article 62 (1) of the Criminal Act on Suspension of Execution (no such criminal record as agreement with bereaved family members or particularly considering such agreement);

1. Social service order under Article 62-2 of the Criminal Act;

arrow