logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.04.07 2015고단4480
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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 September 4, 2015, the Defendant driven the foregoing cargo vehicle under the influence of alcohol level of 0.106% among blood transfusions, and led to the Defendant’s three-lane national highways prior to the “Ship History Museum,” No. 443, Gancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-gun, to proceed in the direction of sluri in the direction of sluri, one-lane in the direction of sluri.

At the same time, the offline has changed from the two-lane to the one-lane, and in such a case, there was a duty of care to reduce the speed to those who are engaged in driving of a motor vehicle and properly manipulate the steering gear and the brake system to prevent accidents from spreading.

Nevertheless, the Defendant neglected this and was negligent in changing the course from the two lanes to the one lane, thereby resulting in the victim C(72) driver's rear part of the motor vehicle driver's bicycle to the one lane.

Ultimately, the Defendant caused the death of the victim in his/her workplace by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident survey report, a report on the detection of a driver involved in the primary driving, and a circumstantial report on the driver involved in the primary driving;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Criminal Facts, Article 268 of the Criminal Act (the occupation of an occupational and practical doctor, selection of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of a drinking driver and the selection of a sentence of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where the reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] is the case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Education is serious (a period of one year to three years) in the aggravated area (the special aggravated person] of the two types of traffic accidents (the death of traffic accidents): the victim is dead due to the instant traffic accident.

arrow