logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.12.20 2018고단1827
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment 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 of a vehicle collecting wastes B.

On June 28, 2018, the Defendant driven the above vehicle at around 21:10 and proceeded with a one-lane road in the apartment complex in Seongbuk-gu, Sungnam-si, Sungnam-si, by making the left turn from the above apartment D to the access road on the E-dong bank.

At the time, it was a road in an apartment complex where the passage of residents is frequent. In such a case, the driver had a duty of care to prevent accidents by accurately manipulating the steering right and the steering system and operating it safely.

Nevertheless, the defendant did not discover the victim F(52) who passed the access road on the right side from the left side of the defendant's front side by negligence in violation of the above duty of care, and did not discover the victim F(52) who passed the access road on the right side of the defendant's front side. The damaged part of the above vehicle shocks the victim's body part, which exceeded the floor, with the front wheels of the above vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the Seoul University Hospital at the Division of the Seoul University, which was located in the 82-ro, Sungnam-si, Sungnam-si, 21:48 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to on-site photographs, strings of strings of strings of strings of images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's responsibility is very heavy in light of the fact that the defendant's negligence in sentencing Article 62-2 of the Social Service Order Criminal Act resulted in a serious consequence of the victim's death.

However, efforts are made to agree with the fact that the accused is against the victim and the bereaved family of the victim.

arrow