logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2015.01.15 2014고단2337
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 the business of driving Cone Star Co., Ltd.

On July 1, 2014, at around 08:45, the Defendant driven the above van, and led the front of the road D at the time of wave along the two-lanes between the two-lanes from the boundary of the PPP Eup office to the boundary of the PPP Eup office.

There are 60km at the speed of time, and the victim F (70 years of age) was driving a bicycle on the two-lanes in the front. In such a case, the driver has a duty of care to prevent accidents by complying with the restricted speed and operating a bicycle on the front side in preparation for the case where the bicycle is changed to one lane.

Nevertheless, the Defendant neglected to stop driving at a limited speed exceeding about 20 km per hour, but did not avoid the victim's bicycle riding who changed the lane from the two lanes to the one lane, and did not get the victim's bicycle riding on the right part of the said bicycle, and got the victim go beyond the ground.

Ultimately, the Defendant caused the death of the victim during the transfer of the first-aid vehicle by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Blockbox photographs;

1. A written result of autopsy;

1. A corpse photograph;

1. Application of the statutes on response to requests for appraisal;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. The fact that an order to attend a lecture under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. has resulted in a serious result of the death of a victim who caused a traffic accident while driving a motor vehicle under the special mitigation area (two to ten months), the fact that the defendant made a confession in depth, and the victim also commits a traffic accident.

arrow