logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2014.05.01 2014고단70
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Cunst Motor Vehicles.

On November 25, 2013, the Defendant driven the above car on November 25, 2013, and proceeded at about 50 km from the liveri distance to the liveri speed, the 31-lane front of the 31-lane in the liveri Sin-ri, Cheongdo-ri, the north-gu, Sinpo-ri.

At the time, since it is night and without street lights, a person engaged in driving service has a duty of care to prevent accidents by thoroughly checking the time of front-time, checking the career safety, and driving safely.

Nevertheless, the Defendant neglected to do so and immediately discovered the victim D (the age of 37) who sited on the front side of the front, and immediately proceeded to avoid the collision. However, the Defendant did not avoid the collision and was the head part of the victim's head in front of the rocketing car driven by the Defendant.

Ultimately, at around 19:15 of the same day by occupational negligence, the Defendant caused the death of the victim due to serious brain damage in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

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, and Article 268 of the Criminal Act.

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing is that the defendant is a primary offender, there is no gross negligence prescribed in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and only a relatively minor negligence is recognized as violating the duty of ex officio, and the victim also appeared on the road at night, etc. The victim's negligence was also the cause of the accident. The defendant agreed with the victim's bereaved family, the vehicle comprehensive insurance is also subscribed to, and the circumstances of the accident in this case.

arrow