logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.10.27 2015고단5711
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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 engaged in driving a dump truck truck truck vehicle.

On August 31, 2015, the Defendant driven the above vehicle at around 12:50 on August 31, 2015, and proceeded back to the right side of the Samduk Elementary School located in the Cukdong-dong, Busan, at the right side of the direction from the north-do License Test site, while driving the above vehicle to the direction from the north-do.

Since it is a children protection zone and a crosswalk is installed, the driver has a duty of care to pass the crosswalk after checking whether a person engaged in driving service is able to live well on the front side and the right side, and pedestrians pass the crosswalk.

Nevertheless, the Defendant neglected this and proceeded without confirming whether a pedestrian passes the crosswalk, and did not discover the victim D (8 years old) who opened the crosswalk from the right side of the Defendant’s proceeding to the left side, and dump trucks shocked the victim with the front part of the above dump truck, and led the victim to the back part of the left side.

Ultimately, the Defendant caused the victim's death in the same workplace due to the injury to diversity by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A death examination report and a corpse inspection report;

1. Do image closures and photographs at the scene of an accident;

1. 교통사고보고⑴⑵ 법령의 적용

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the reflection of the defendant, the agreement with the victim and bereaved family members);

arrow