(영문) 부산지방법원 2017.02.16 2016고단8587

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.02.16 2016고단8587

교통사고처리특례법위반(치사)

Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person engaged in rocketing taxi driving service.

On October 9, 2016, the Defendant driven the above taxi on October 02:37, 2016, and proceeded three lanes in front of the E cafeteria located in Busan Jung-gu to the intersection of the e-lane from the gate of the repair intersection to the intersection of the e-lane.

Since the center line of the yellow-ray is installed, in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering steering system and other devices of the vehicle in accordance with the road traffic situation and the structure and performance of the vehicle, while driving the vehicle to the right side of the center line.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering gear and brakes by overcoming the center line of the yellow-ray, and instead accurately operating the steering gear and brakes. At the E cafeteria shop, the Defendant saw the victim FF (23 tax) who was crossing the road in the direction of the water construction site in the vicinity of the E cafeteria shop, leading up to the road by shocking the part of the fences front of the said taxi, and led the victim to the part in front of the said taxi. The Defendant saw the victim to the part in front of the said taxi.

Ultimately, the Defendant caused the death of a victim due to such occupational negligence by receiving treatment from a Busan University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan, and at around 04:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of each statute on photographs;

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;

2. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do148, Feb. 1,

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

-부산지방법원 2017.02.24 2016고단8440

-부산지방법원 2017.05.18 2016고단7953

-부산지방법원 2016.08.26 2016고단2835

-수원지방법원 안양지원 2018.02.06 2017고단1661

-서울중앙지방법원 2016.06.08 2016고단2193