logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2015.06.29 2015고단684
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B 4.5 tons of cargo vehicles.

At around 13:40 on January 4, 2015, the Defendant had three lanes in front of the D in Chungcheongnam-si, Chungcheong City, along two lanes, proceeding from the Mawa Holdings to the Mawa.

At the same time, the victim E (74 years of age) was on driving a bicycle on the three-lanes of the same direction as the Defendant’s vehicle at that time. In such a case, the person engaged in driving service had a duty of care to safely drive the bicycle by accurately manipulating the front line and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle on the right side of the Defendant’s vehicle due to the negligence of driving the vehicle on the front side of the vehicle and caused the victim to fall from the bicycle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in the emergency room of the Kanju University at the Kanju University located in 82 as a member of the Cheongju-si, Chungcheongnam-si, Chungcheongnam-si, and the same day during treatment, around 19:43.

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 to investigation reports (report on results of video recording investigation and report accompanied by death certificate);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and the choice of imprisonment with prison labor concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 (Type 2 (Type 4-10) (Class 4-10) (Special Mitigation) (including serious efforts to recover from traffic accidents). However, although the result of a decision of sentence is a result (including a decision of sentence), efforts have been seriously made to repay damage, such as the bereaved family members and their full agreement, and the fact that there was no record of having been sentenced to a fine or more severe punishment, etc.

arrow