logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2016.04.14 2016고단199
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence 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 engaging in driving Dunst-Pacific cargo vehicles.

On December 31, 2015, the Defendant driven the above cargo vehicle around 22:00, and led the two-lanes from the front door in the north-gu, Seoan City to the speed of about 50km in the direction of the voltage distance.

At the time, there was a person at night, and there was a person on the front door, so in such a case, there was a duty of care to safely drive a motor vehicle by reducing speed by living well on the front door and left door.

Nevertheless, the Defendant neglected this and did not properly see the Victim G (66) who was walking at the edge of the road due to the negligence of proceeding at the same speed without examining the right and the right and the right and the Defendant had the victim go beyond the ground by shocking the head of the victim's vehicle with the right and the victim go beyond the ground on January 13, 2016, and had the victim go beyond the ground on January 13, 2016, by taking the victim to undergo medical treatment at the university of the Republic of Korea and at the university hospital affiliated with the university, the university of the Republic of Korea and the university hospital affiliated with the university.

Ultimately, the Defendant caused the death of the victim by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to H and I;

1. A death certificate;

1. A survey report on actual conditions;

1. Application of statutes on site photographs and field medication;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Suspension of Execution [Scope of Recommendation] General Traffic Accidents Type 2 (Death, etc. by Traffic Accidents) [Special Mitigation in February to October] where there is considerable fault in the occurrence of traffic accidents or the expansion of damage even to the victim, the victim is not subject to punishment (including efforts to recover damage), which is disadvantageous to the victim (including decision of sentence): The occurrence of serious result. Reasons for sentencing favorable to the violation of the duty to protect pedestrians:

arrow