logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 의성지원 2021.01.14 2020고단369
교통사고처리특례법위반(치사)
Text

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

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 is engaged in driving of B Poter II Cargo Vehicles.

On August 9, 2020, the Defendant driven the above cargo vehicles around 17:50, and led to the progress of the front road in front of the Seongbuk-gun of Seongbuk-gun to a gold-face from the Sung-Eup Eup bank.

At the same time, the crosswalk has been installed, so there was a duty of care to check whether there is a person who gets on the way to reduce the speed of the person engaged in the driving of the motor vehicle and by properly examining the right and the right and the right of the motor vehicle, and prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and proceeded without looking well at the front side, and caused the damaged person to go beyond the road with the front side of the Defendant’s cargo vehicle by taking out the above crosswalk from the right side to the left side of the victim D ( South, 94 years old) where the above crosswalk was dried up on the left side of the Defendant’s driving direction.

Ultimately, the Defendant caused the victim's death by occupational negligence at the F Hospital E in the Gandong-dong-dong, 19:41 on the same day due to the injury of external wounds and low blood shock.

Summary of Evidence

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident by a defendant's statutory statement, a report on the actual condition of a traffic accident, an on-site inspection, an investigation report (in relation to the speed of a suspected vehicle), an investigation report (in-house inspection), and an investigation

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentencing factors indicated in the arguments of the instant case, including the Defendant’s age, environment, sex, motive for committing a crime, means and consequence of a crime, etc., shall be determined by comprehensively taking account of the following circumstances, and the sentencing factors indicated in the arguments of the instant case.

D. Unfavorable circumstances: The defendant neglected the front line, and shocked the electric bicycle of the victim who dried the crosswalk, and the crime is committed in light of the degree of violation of the duty of care.

arrow