logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.04.21 2019고단2041
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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-learning automobiles.

On May 23, 2019, the Defendant driven the above vehicle at around 13:40 on May 23, 2019, and turned to the left at the right speed from the Gongju Park to D apartment.

The place is on which a crosswalk is installed, and a person engaged in the driving of a motor vehicle has a duty of care to safely drive the crosswalk by accurately operating the brake system, by checking well the right and the right and the right of the motor vehicle.

Nevertheless, the defendant's failure to properly turn left the front and left-hand side, and caused the victim E (the age of 48) and the victim F (the age of 81) to the front part of the car of the defendant.

The Defendant’s occupational negligence caused the victim E to suffer injury, such as the left-hand check salt, etc. requiring a medical treatment for about three weeks, and at the same time caused the victim F to die due to the cause, such as brain liver.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the occurrence of traffic accidents, photographs, actual condition survey report, diagnostic certificate, and accident site guidance;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the agreement with the victim and his/her bereaved family members, circumstances of accidents, and the fact that the defendant has no penalty power);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

arrow