logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2015.03.05 2015고단74
교통사고처리특례법위반
Text

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

However, 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 2 cargo vehicles.

On December 8, 2014, the Defendant driven the above vehicle at around 13:30 on December 13, 2014, and made the left-hand turn to the right-hand turn at about 30-40km from the long-term direction to the beginning of the village of the city.

On the front side, there is a crosswalk where signal lights are installed, so in such a case, there was a duty of care to check whether a person engaged in the driving of a motor vehicle is a person crossing the crosswalk by reducing the speed and by examining the right and the right in advance, and to safely drive the motor vehicle according to the traffic signal to prevent the accident in advance.

Nevertheless, the defendant neglected to turn to the left by failing to make it, and caused the head part of the victim C (the age of 72) who walked along the crosswalk to the right side from the left side of the direction of the proceeding to the front part of the above vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence as above, at around 16:42 on the same day, at the E Hospital located in Gyeonggi Kimpo-si, G, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report, each photograph, death diagnosis report, and investigation report;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendation [decision of types] The sentencing guidelines for traffic crimes, general traffic accidents, and death of traffic accidents (type 2): The mitigated factors: the amount of punishment not to be imposed, and the increased factors: the case where illegality in the proviso of Article 3(2) of the Special Education Act is more serious (the scope of recommendation) [the scope of punishment] from August to one year by imprisonment without prison labor.

arrow