logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.05.19 2015고단671
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 the duty of driving Category C cargo vehicles.

On January 17, 2015, the Defendant driven the above cargo vehicles around 16:38, and led the front road of Dongdaemun-gu Seoul Metropolitan Government D to the Hancheon-ro side from the side of the foreign language vehicle.

Since a crosswalk without signal lights has been installed, there was a duty of care to prevent accidents by ascertaining in advance whether there was a person engaged in driving a motor vehicle to reduce speed and to see well the front door of the motor vehicle.

Nevertheless, the defendant did not discover the victim E (the age of 76) who was crossing the above crosswalk due to the negligence of neglecting this, and did not discover in advance the victim E (the age of 76) and had the victim receive the front part of the above vehicle beyond the floor.

Ultimately, around January 22, 2015, the Defendant caused the victim to die with cerebral blood at the Gyeong National University Hospital located in Dongdaemun-gu Seoul Metropolitan Government on January 22, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A investigation report (CCTV);

1. The actual condition survey report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment: One month to five years of imprisonment without prison labor;

2. Application of the sentencing criteria [Scope of Recommendation] General Traffic Accidents: Reduction area (4 to 10 months) (including special mitigation) (including serious efforts to recover damage) of the mitigated area (4 to 4 months).

3. Determination of sentence: Six months of imprisonment without prison labor, and one year of suspended execution, the defendant has caused the death of a pedestrian who gets on the crosswalk, and thus, the liability for the crime is not minor.

Provided, That there shall be no signal lights showing the view of the vehicle parked on the right side of the defendant's moving.

arrow