logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2015.03.26 2015고단153
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 dump truck driving.

On December 21, 2014, around 10:48, the Defendant driven the said truck by driving the instant truck on the side of a tide embankment, which is located in a mountain 4-lane located in a stone industrial complex, which is located in a Sinjin-si, Sinjin-si.

The location is a road running along the two-lanes from the westside to the north, and the two-lanes of the two-lanes of the two-lanes of the road are turned along to the eastwest, and the major road of the above four-lanes is a road along the center line of yellow-ray, and the driver of the motor vehicle has a duty of care to keep and operate the motor vehicle along the lane, such as the center line of the sea-lanes, by leaving the two-lanes of the above two-lanes of the road and bypassing it to the four-lanes of the road.

Nevertheless, the Defendant, without fulfilling his duty of care as above, entered a two-lane road along the center line of the four-lanes of the above Part as the center line of the stone embankments. In order to cross the two-lanes of the above Part, the Defendant, while crossinging the four-lane road, was driving the center line across the four-lanes of the above Part, and the victim E (the age of 37) who was under normal course on the left side from the right side of the running direction of the Defendant’s truck, brought down the front side of the driver’s car by the front side of the Defendant’s truck.

Ultimately, at around 13:18 of the same day, the Defendant caused the victim's death by occupational negligence, such as low-tension shocks caused by multiple organ damage during treatment in the emergency room of the hospital at the 5-15 Siljin-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

1. The relevant legal provisions of facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor or a heavier punishment (the scope of recommending punishment) shall be the grounds therefor (the death of traffic accidents),

arrow