logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 의성지원 2015.05.21 2015고단55
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 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 driving of a package freight vehicle B.

On January 11, 2015, the Defendant driven the above vehicle at around 11:55, and proceeded with the intersection of the private distance in front of the Sinbuk-gun in the front of the Sinbuk-gun in the front of the Sinbuk-gun in the front of the Sinbuk-si in the front of the Sinbuk-do.

At this point, there was a duty of care to observe the speed limit and to prevent accidents by placing a signal, etc. at the speed of 80km per hour, and the driver has a duty of care.

Nevertheless, the defendant, while proceeding 87 km at the time of weak speed, found late after the driver's vehicle for the pedestrian aid of the victim C(79 years old) driving without permission from the left side of the running direction of the cargo vehicle on the front side of the cargo vehicle, due to negligence of neglecting the duty of the front-hand watch, and received the victim as the front-hand side of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency room of the E Hospital located in Ansan-dong-dong-si D at around 19:00 on the same day due to the low blood transfusion shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

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 and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 2 (Death of Traffic Accidents) (Special Mitigation From February to October) (Special Mitigation) where there is considerable negligence in the occurrence of traffic accidents even for the victim, the sentence shall be determined as per the order in consideration of the circumstances, such as: (a) in a case where the victim was negligent due to considerable negligence in the occurrence of traffic accidents in the area of special mitigation (special mitigation) of the sentence; (b) in June of the imprisonment without prison labor, one year a suspended sentence of one year; (c) the Defendant’s driver’s vehicle is covered by the comprehensive automobile insurance; (d) the victim’s family members

arrow