logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.10.15 2013고단2765
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On June 8, 2013, the Defendant driven the said car at a speed of about 110km per hour on the side of Guro-gu Office, Yeongdeungpo-gu, Seoul, to drive the said car and drive the three-lane road of 262-61 prior to that of Yeongdeungpo-gu, Seoul.

At night, its location was limited to 60km per hour, and it was a road bended by a rain where the median line is installed, and around the right-hand one lane, there are many vehicles parked on the right-hand one lane, drinking house, etc., and a crosswalk where traffic signal is installed at a point of about 30 meters in the front bank, so in such case, the defendant engaged in driving duty has a duty of care to prevent accidents by complying with the speed limit, properly viewing the right-hand side of the front bank, and accurately operating the steering gear and brakes.

Nevertheless, the Defendant failed to observe the vehicle line and neglected the speed of more than 50 km speed at a very rapid speed above the speed of 50 km, and neglected to do so on the road due to the occupational negligence in the course of driving the vehicle, and did not discover or see the victim D (31 years old) who crosses the road from the right side of the road that the Defendant driven on the left side, and received the victim as the front part of the said vehicle as is, at around 07:02 of the same day, while being treated by the F Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government E, it caused the death of the victim due to the low blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. A traffic accident report (1) (2);

1. On-site photographs, black boxes, video images, on-site photographs;

1. Protocol of autopsy and written diagnosis of death;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. There are several reasons for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts before the point of accident in this case.

arrow