logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.09.07 2016고단2227
교통사고처리특례법위반(치사)
Text

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

except that 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 who is engaged in driving a cargo vehicle of the Boan Pool.

On May 2, 2016, the Defendant driven the above cargo vehicle around 20:30, while proceeding at the speed of two lanes from the intersection of the Han-gu High School, Gangdong-gu, Seoul, to the private distance of the ecological park in the direction of the Han-gu High School.

At the time, it was difficult to see the front-time market because the surface was slick down due to the night time getting off, and the headlights of the vehicle driving, so the Defendant, who is a person driving the vehicle, has a duty of care to reduce the speed and to properly see the front-time left-down.

Nevertheless, the defendant neglected this and found the victim D (74 years old) who illegally crosses the road from the left side to the right side by his negligence, and dumpeded it to avoid this. However, the defendant did not avoid it, but received the victim's head and chest part in front of the left side of the cargo vehicle and received the victim's head and chest part in front of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as brain damage and cage crym fry at an emergency room of the Gangdong-gu Seoul Metropolitan Government Maddong University Hospital located in 150, which was a sexually transmitted hospital at around 21:17, May 2, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Fact-finding survey reports, traffic accident occurrence reports, inspection records, and comprehensive traffic accident analysis replies;

1. A death certificate;

1. Application of each statute on photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment)

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending sentence] of general traffic accidents: The person who is subject to special mitigation (-8) of mitigation area for causing bodily injury from traffic accidents: the victim is not subject to punishment (the decision of sentencing).

arrow