logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.03.11 2015노3621
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended execution of six months of imprisonment without prison labor) is too unhued and unfair.

2. The Defendant’s crime of this case resulted in the serious consequence of the victim’s death, and as such, in the vicinity of the crosswalk, and thus, there is a duty of care to drive a pedestrian in a prompt manner at all times, despite the fact that there is a duty of care to drive a pedestrian, the Defendant’s failure to perform

However, in light of the circumstances of the occurrence of the instant accident, the Defendant, who led to the confession of the instant crime and against his mistake, was found to have failed to properly verify the fact that the victim, who was on the three-lanes of the instant accident, had been on the 5-lanes of the 4-lanes (Seoul 8-lanes) around the end of the instant accident, had exceeded the 5-lanes around the center line and had already been changed to a red, making it difficult to maintain the crosswalks without disregarding the signal. The vehicles standing on the 1-lanes around the Defendant’s vehicle at the time of the instant accident, were trying to depart from green name, but stopped the victim after reporting it to the 1-lanes. The Defendant, who was on the 3-lanes of the instant accident, was on the 1-lanes of the instant vehicle, was on the 1-lanes of the victim and stopped the crosswalks, and there were no reasonable circumstances that the Defendant had agreed on the victim’s family relationship with the victim, and there was no special circumstances that the Defendant acquired the driver’s license.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

arrow