logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.12.29 2015고단3804
교통사고처리특례법위반
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 who is engaged in driving a Drabal or cargo vehicle.

On September 30, 2015, the Defendant driven the above vehicle at around 08:50 on September 30, 2015, and proceeding the front road of the Seoul Jung-gu E with the view to the seat of the Seoul Medical Center, and became left left at the intersection.

On the other hand, there was a crosswalk without signal lights, so there was a duty of care to check whether there is a person who gets on the way to reduce the speed and to check the right and the right and the right of the driver, and to prevent the accident in advance by driving safely.

Nevertheless, the defendant neglected this and went beyond the road by taking the F (84) crossing the crosswalk from the right-hand side of the defendant's vehicle to the left-hand side by his negligence.

Ultimately, the Defendant caused the victim's death by occupational negligence in the field of low-blood shocks caused by the external shock.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. A written result of autopsy and a written result of autopsy;

1. The actual condition survey report;

1. Application of statutes in relief form at an accident site;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] the general traffic accident category II (the death of traffic accidents) (the safe of April to October) (including special mitigation) and the area of mitigation (including serious efforts to recover damage).

3. The defendant's above breach of the duty of care of the defendant to decide the sentence resulting in the result of the victim's death, which is disadvantageous to the defendant, or the defendant's crime.

arrow