logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.10.31 2018고단837
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving two cargo vehicles in B.

피고인은 2018. 4. 18. 13:38 경 위 화물차를 운전하여 경남 의령군 지정면 기강로 502 성산 경로당 앞 편도 1 차로의 도로를 지정면 공설 운동장 쪽에서 성산마을 쪽으로 시속 약 40km 의 속도로 진행하다가 “ 卜” 자형 교차로에 이르게 되었다.

Since there is a place where traffic control takes place, there was a duty of care to check whether a person engaged in driving of a motor vehicle is crossing a motor vehicle by reducing speed or temporarily stopping the motor vehicle, and drive the motor vehicle.

Nevertheless, the defendant neglected to do so and found that the victim C (66 cc) who entered the intersection from the right side of the defendant's proceeding by the negligence and found it late after the victim C (66 cc) 100 wheeled, the victim's left side side of the victim's wheeled part before the right side of the vehicle operated by the defendant, and accordingly, the victim who was used on the road floor was assigned to the back side of the cargo of the defendant's seal.

Ultimately, at around 14:56 on the same day, the Defendant caused the said victim’s death by an acute respiratory part, which was sent back to the emergency room of Samsung Changwon Hospital, Samsung 158, which was being treated after being transmitted to the emergency room of the Changwon Hospital in Changwon-si, Changwon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes of a report on internal investigation and a response to requests for appraisal;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the types] and the two types of general traffic accidents (the person who is subject to special sentencing] mitigation elements: the victim is not subject to punishment (the bereaved family members of the victim);

arrow