logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2014.11.25 2014고단248
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

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

On June 2, 2014, the Defendant driven the above cargo vehicle on June 11, 2014, and led to the progress of the road near the North Korean village located in the North Korean branch, in the face of the aptitude of the former North Korean branch.

At the time, it was a hond road, where the center line of yellow-ray was installed, and there was a duty of care to safely drive the car line with the driver's duty of care while driving the car.

Nevertheless, the defendant neglected this and got the front right side of the cargo of the victim C(74 years old) driving, which was proceeding in the opposite direction of the defendant, due to the negligence of the defendant's neglecting it, in the direction of the opposite direction.

Ultimately, the Defendant caused the death of the victim at the site by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of results of comprehensive traffic accident analysis;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning report on internal accidents (related to oral statements at wooden scenes);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and reasons for sentencing of imprisonment without prison labor

1. The basic area of recommendation [decision of type] the scope of recommendation according to the sentencing guidelines, traffic crimes, general traffic accidents, and the second category (the death of a traffic accident), without any person (the scope of recommendation) (the scope of a person subject to special punishment): August through January 6 of a credit cooperative;

2. The fact that the defendant's decision on the sentence recognizes his mistake, that the vehicle of the defendant is covered by a comprehensive motor vehicle insurance, that the defendant supports the wife of the disabled, and that the defendant is a disabled person, is favorable to the defendant.

However, the crime of this case is caused by the gross negligence of the defendant who invadeds the central line.

arrow