logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.01.21 2013고단3484
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On September 1, 2013, the Defendant is a person engaging in driving of EXE vehicles. Around 15:45 on September 1, 2013, the Defendant: (a) driven the above cargo vehicle; (b) discovered the victim D (87 years old) crossing the road on the front side of the YE apartment of YE 349, Jando-S-Cro, Namyang-si, the front side of the YE apartment of YE 349, one lane; (c) there is a person driving the vehicle in front of the apartment, and (d) there is a person driving the vehicle without permission. In such a case, a person driving the vehicle, who is responsible for driving the vehicle, was negligent in driving the vehicle on the front side of the EXE and driving the vehicle in a safe manner to prevent the accident by driving the vehicle, but he was unable to avoid it on the front part of the vehicle and received the victim from the front part of the vehicle and caused the victim to remove the vehicle at the end of 2013:0 on March 14.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written result of autopsy;

1. To capture a traffic control CCTV image and to take on-site photographs;

1. Application of Acts and subordinate statutes to the actual survey report;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. has resulted in serious consequences of the death of the victim due to the traffic accident in this case due to the defendant's negligence. However, the criminal liability of the defendant is very unreasonable, the defendant is divided into and reflected against his/her mistake, the vehicle is covered by a comprehensive insurance, and the victim's bereaved family deposits KRW 30 million for the victim.

arrow