logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2014.03.21 2013고단881
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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 a low-priced vehicle B.

On September 21, 2013, the Defendant driven the said car on September 21, 2013, and led the Defendant to drive the said car from the direction of the thermal power plant to the Dovido.

At the same time, a large number of vehicles are parked on the right side of the defendant's running direction, so in such cases, a person engaged in driving service has a duty of care to reduce the speed and drive safely by checking well the front side.

Nevertheless, the defendant was negligent in operating the defendant's vehicle, and the victim C (55 years of age) who was lying at the front direction of the defendant's running.

Ultimately, around 10:40 on September 20, 2013, the Defendant caused the death of the victim due to the occupational negligence as seen above, such as the diverssis at the Dauman-si Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A death certificate;

1. A traffic accident report;

1. Application of the evidence and photographs of traffic accidents, and the statutes governing body photographs;

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

1. It is so decided as per Disposition under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) for the following reasons: (a) the defendant has agreed with the bereaved family members of the victim; (b) the defendant has no particular criminal record other than a fine once; (c) the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance; (d

arrow