logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2013.05.31 2013고단1658
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a D 4.5 tons truck owned by DNA Korea Co., Ltd.

On January 16, 2013, at around 13:55, the Defendant driven the instant truck at a remote range of 86 km from the front side to the racing along two-lanes. In such cases, the Defendant had a duty of care to check the safety of the course by checking the front side and the left side of the road well before changing the course, and to prevent accidents by accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and proceeded as it was, while driving at the same room as the truck of the Defendant at the time, proceeded with one lane on the same surface as that of the Defendant’s truck at the time, and franchis car driven by the victim E (the age of 57) who was parked at the active, Tran car at the active, Tranchiscing the front part of the Defendant’s truck, and shocked the front part of the franchisp car, which was driven by the Defendant’s truck, due to its shock, while driving by G which was parked in the front in the future.

Ultimately, the Defendant caused the death of the above E by his occupational negligence by reason of cardiopulmonary injury, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to G, I, and J;

1. The statement of actual condition, photographs related to accidents, and replies to the request for a field investigation by the Road Traffic Authority;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Grounds for sentencing of selective imprisonment without prison labor;

1. The basic area of recommended sentencing criteria and the scope of sentence, traffic crime group, and the basic area of causing traffic accidents: From August to June of the credit cooperative; and

2. The fact that the defendant who was sentenced to punishment is against the time of committing the crime, and deposited 32.5 million won for the sake of the bereaved family members of the victim.

arrow