logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2019.09.18 2019고단1639
교통사고처리특례법위반(치사)
Text

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

except that 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 Poter cargo vehicles.

At around 08:00 on June 7, 2019, the Defendant driven the above cargo and proceeded to turn to the left from the cafeteria to the Seoul bank.

At this point, a crosswalk is installed at a private distance intersection where traffic is controlled, and the direction of the vehicle of the defendant is marked with a sign of a non-protected left-hand turn in the direction of the vehicle of the defendant, so the driver of the vehicle has the duty of care to prevent the accident in advance by driving the vehicle in a safe way after reducing the speed and checking whether there is a person driving the vehicle well.

Nevertheless, the defendant neglected to turn to the right, and caused the victim D (the age of 73) who crosses the crosswalk from the left side to the right side according to the pedestrian signal due to the negligence of left-hand turn to the left, to go beyond the road.

Ultimately, around June 14, 2019, at the E Hospital around 15:22 on June 14, 2019, the Defendant caused the death of the victim due to cerebral cerebralop.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on the occurrence of a traffic accident;

1. Application of each Act and subordinate statutes for reporting traffic accidents;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. It is an unfavorable circumstance that the degree of negligence of the defendant who caused the death of the crosswalk by shocking the victim who walkes the crosswalk according to the pedestrian signal for the reason of sentencing under Article 62(1) of the Criminal Act is not somewhat weak.

However, the sentence is identical to the order, comprehensively taking into account the following factors: the fact that the victim has agreed with the bereaved family member, the first offender, and the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, and the circumstances after the crime.

arrow