logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2016.08.31 2016고단644
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 drives a motor vehicle from Chumburt.

On March 30, 2016, the Defendant driven the above car on March 22 and 22, 2016, and driven the four-lane road in front of the E Hospital D in Changwon-si, Changwon-si, along the two-lanes in the direction of Masan ICT, at the speed of about 54km.

At the time of night, there was a crosswalk in which signal lights are installed at the front of the night, and thus a person engaged in driving a motor vehicle has a duty of care to check whether there is a person who gets on the front of the road thoroughly and to prevent accidents.

However, due to the negligence of neglecting this, the defendant neglected to walk the crosswalk from the right side of the defendant's proceeding to the left side of the road to the left side of the road, and the pedestrian signal was changed to the red light, etc., but the victim was still walking, but the pedestrian signal was not found, and the victim was shocked with the front part of the motor vehicle of the defendant.

Around March 30, 2016, the Defendant: (a) caused the death of the victim due to the above occupational negligence from Samsung Changwon Hospital to the diversative trauma.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report (1);

1. Investigative reports (related to the session of the Road Traffic Authority) and replies to the request for the analysis of traffic accidents attached thereto;

1. On-site photographs of a traffic accident;

1. Application of Acts and subordinate statutes of a death certificate to F;

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 of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents), the mitigation area (4 to 1 year), [the person with a special mitigated sentence] the reduction area (including efforts to recover damage), the imprisonment without prison labor for 8 months and the suspended sentence for 2 years (the one's mistake is recognized).

arrow