logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.10.14 2015고단4915
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a low-speed car.

On June 9, 2015, the Defendant driven the said car at around 18:00, and led the front way of the D cafeteria located in Busan Northern-gu C to the front way of the D cafeteria from the Gupode.

At the time, since the vehicle was under the situation of bypassing the restaurant, there was a duty of care to safely drive the steering employee by reducing the speed and properly operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected this and did not discover the victim E (the age of 45) who was living on the road in the direction of the car driving, and did not find the victim E (the age of 45) with the right front of the left side of the car.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence, such as the trauma and scarcity.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The police statement concerning F;

1. A statement of occurrence of a traffic accident prepared by a defendant;

1. A traffic accident report, a photograph of the scene of the accident, a report on the occurrence of the traffic accident, a photograph of the vehicle involved in the accident, a death certificate, or a stybe photographic photofe photograph;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos. 9, 10)

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Sentencing (decision of types), general traffic accidents, Type 2 (Death of Traffic Accidents), mitigation area (Special Sentencing) where there is substantial negligence in the occurrence of traffic accidents even for victims of traffic accidents, no penalty shall be imposed (Scope of a sentence of recommendation) (Scope of a sentence of punishment) from April to October;

2. The decision of sentence shall be made by mistake of the defendant in the line of duty;

arrow