logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 밀양지원 2018.01.11 2017고단536
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On July 4, 2017, the Defendant driven the above car at around 07:35, and proceeded along the road of the 1008-9 line National Highway No. 25 of the 108-9 neighboring national highways at the south-Eup road with one-lanes in the air-sections of the sub-Eup. The Defendant discovered that the vehicle was fixed in the front section and changed the course into two-lanes.

In such cases, a person engaged in driving service has a duty of care to prevent accidents, such as a safe change of course, by thoroughly examining the front and rear conditions of the lane intended to change.

Nevertheless, the Defendant was stopped on the right side of the two-lanes in order to protect the human resources of fluoral road and fluoral excavation removal work by negligence without checking the situation of the two-lanes that the Defendant wishes to change without neglecting it, and by negligence changing the course to the two-lanes.

C Poter signal vehicles are found to be late, and the left side part of the loading box of the Poter signal vehicle was collected from the front part of the said Poherto car, and the above Poter signal vehicle was sealed by the shock, and the Posing vehicle was able to receive the victim D(70) (70) who was doing mosing operations.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence at the Indonesian Hospital located in Busan High-gu Busan High-gu, Busan High-Tech, where the victim was treated after around 17:57 on July 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. A death certificate;

1. One and two traffic accidents reports;

1. Application of statutes on site photographs;

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. Reasons for sentencing of Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act is the mitigated area (4 months to 1 year).

arrow