logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.06.16 2014고단2725
교통사고처리특례법위반
Text

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

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 engaging in driving freight vehicles B.

On December 28, 2013, the Defendant driven the above cargo vehicle on December 05:35, 2013, and driven the three-lane road in the Mono-dong of Busan, Seocheon-gu, Busan, at the speed of about 30km from the Doncheon-dong of Busan to the Doncheon-dong of Sacheon-gu.

Since the Defendant changed the two lanes at that time, the Defendant had a duty of care to prevent accidents in advance by checking the safety of the course and changing the vehicle line in good faith for a person engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected this and changed the lanes into two lanes at the same speed, thereby proceeding in the same direction as the right corner of the Defendant’s vehicle, and the victim C (56 years old) who changed the lanes from three lanes to two lanes was operated by the victim C(56).

Ultimately, the Defendant caused the death of the victim due to the pressure of head in the workplace due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on traffic accidents, photographs (fields and carcasses);

1. Application of Acts and subordinate statutes concerning autopsys;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General traffic accident [Article 62-2 of the Criminal Act] The area of mitigation (Article 2-10) [Special Mitigation] [Article 62-2] and the area of mitigation (Article 62-2] (Article 62-2 of the Act on the Punishment, etc. of Traffic Accidents] [Article 8-10] and imprisonment without prison labor for 8 months, suspension of execution two years (Article 62-2 of the Act on the Punishment, etc. of Traffic Accidents (including a serious effort to recover from damage

arrow