logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2015.12.15 2015고단923
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle B and III.

On August 12, 2015, at around 00:16, the Defendant came to proceed from the intersection of Cheongwon-si, Changwon-si, Changwon-si, Changwon-si, Masan-si to the Cheongsi Hospital in front of 102 Yari-si, Seowon-si.

At that time, the crosswalk and yellow signal have been installed, and at night, the driver of the motor vehicle had a duty of care to reduce speed and to make the front door well for the driver of the motor vehicle, and to safely manipulate the steering gear and brake system of the motor vehicle to prevent accidents in advance.

Nevertheless, the Defendant neglected this and found the victim C (the age of 44) who was crossing the crosswalk from the left side to the right side at the direction of the Defendant's cargo vehicle due to negligence, which led to the death of the victim (the age of 44) who was crossing the crosswalk from the left side of the front side of the above cargo vehicle, and the victim was receiving the victim from the front part of the above cargo vehicle and got the victim go beyond the road, and the victim was under medical treatment at Samsung Changwon Hospital located in Samsung Changwon Hospital located in 158, Changnam-gu, Changwon-gu, Changwon-si, Changnam-si, Changwon-si, Masan-si, on the 13th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. of Traffic Accidents), the area of mitigation (4 to 10 months) (including special mitigation), the area of punishment not (including serious efforts to recover damage), six months without prison labor, and two years of suspended execution;

arrow