logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.02.23 2017고단2629
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 who is engaged in driving of CF freight cars.

On June 22, 2017, the Defendant, at the time of light lighting around 18:10, proceeded from the apartment complex 101 to the white church on the side of the five apartment complex, where the Defendant, a gold 154-ho-ho-ho-ho-ho-ro, a gold ho-ho-ho-ho-ro, a gold 101.

The road was located in a densely-populated place, apartment, house, commercial building, etc., and at the time, pedestrians passed on the right-hand sidewalk, so there was a duty of care to safely drive the road by checking well the right-hand side while driving on the driver.

Nevertheless, the defendant did not discover the victim D(3) who tried to collapse on the road with kickboard on the right side of the defendant's running direction due to negligence while neglecting this, and did not discover the victim D(3) who tried to collapse on the road on the right side of the defendant's driving direction, and shocked the victim with the right side of the cargo of the defendant, and charged the victim with the victim with the back wheels.

As a result, the Defendant caused the death of the victim who was sent to the Machina Hospital located in the Machina-dong at the time of light 18:32 on the same day due to the above occupational negligence due to severe brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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, and Article 268 of the Criminal Act (The occurrence of a serious result that is the choice of imprisonment without prison labor, the death of a victim who is aged by negligence of the defendant, and the same kind of power

1. Article 62 (1) of the Criminal Act (including the fact that a mistake is recognized and reflected, the fact that an agreement is made with the injured party, the fact that there is no history exceeding the fine, and the fact that a comprehensive insurance has been subscribed, etc.);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

arrow