logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2015.11.18 2015고단2644
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 driver of Cknife vehicle.

At around 12:40 on March 19, 2015, the Defendant driven the said van, driving the said van, and driving the three-lane 4-laned road in front of the Mansan-si, Ansan-si at the location of the terminal at Hanyang University at the speed of 57-72km at the speed of Hanyang University (60km at a speed of 60km at a speed of speed).

Since there are many places for traffic between vehicles and pedestrians, there was a duty of care to prevent accidents by accurately operating the steering gear and brake system, and operating the front and left safely.

Nevertheless, the Defendant discovered the victim E (the age of 72) without permission crossing the right from the left side of the progress direction due to the occupational negligence, such as moving the vehicle from the vehicle running ahead of the vehicle, and found it late to the right side due to the accident of the business, and followed the bar, but did not reach the part of the victim's body, and led the victim to move to the road by shocking the body part of the bar. On the same day, around 16:16 of the same day, the medical care hospital at the Korea University Medical Center located in Ansan-si, Ansan-si, Seoul, in 123, caused the victim's death due to brain death, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Requests of the Director of the National Institute of Scientific Investigation for appraisal;

1. Application of Acts and subordinate statutes governing accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] is the case where the victim is at considerable fault in the occurrence of traffic accidents or the expansion of damage (including efforts to recover the damage).

arrow