logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2015.04.15 2015고단81
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B and B.

On November 25, 2014, the Defendant driven the above cargo vehicle at around 17:00, and proceeded with a one-lane road near the D’D “D” budget-gun, at a speed of about 50 km from the galleside to the girriside of the company.

Since there are structures such as trees and telegraph poles, etc. on the right side of the above road as a single-sloping road, there is a high possibility that wild animals may appear suddenly, so in such a case, a person engaged in driving service has a duty of care to prevent a conflict with structures that may occur from leaving the road by preparing for the appearance of wild animals and accurately manipulating the steering gear and brake system by properly examining the front side.

Nevertheless, the Defendant, while driving the above cargo without such duty of care, found the height of the cargo that appeared suddenly from the front bank, and escaped from the road to the right side of the steering gear rapidly operating the steering gear, and received the utility poles installed on the road as front of the left side of the above cargo vehicle.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim E (man, 81 years of age) who was accompanied by the said cargo to the said cargo due to the said occupational negligence by a dypus frym fry and a parous fym frym frym 31 in the Yancheon-gu, Yannam-gu, Yannam-gu, Yancheon-gu, Yancheon-gu, Yancheon-gu,

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes on a written autopsy;

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;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below) [the scope of statutory sentencing] shall be from one month to five years (the application of sentencing criteria] of imprisonment without prison labor for not less than one month.

arrow