logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2014.05.14 2014고단26
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On December 8, 2013, around 06:40 on December 8, 2013, the Defendant driven the above vehicle on the road front of the Bluebbbbbbbb dong-dong, Gyeongnam-si, and proceeded along the two-lanes of the Seobol-distance flood room in the area of the bus terminal.

At the time, it is a new wall, where a crosswalk is installed, and a commercial building and a residential place are formed in the vicinity, so in such a case, the defendant engaged in driving the motor vehicle has a duty of care to view the front door and to accurately manipulate the steering gear and brake system according to the traffic situation of the location, and prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim C (the 76-year old) who was standing along the crosswalk from the right side to the left side of the driver's vehicle and received the victim as the front part of the driver's vehicle.

Ultimately, the Defendant caused the death of the victim due to cerebrovassis at the E hospital located in D in the same time, where the Defendant was under the follow-up treatment on the same day at around 07:12 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to F and G;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of each traffic accident (1 and 2 reports), a report on actual condition, a field survey report, a death certificate, a death certificate, a photograph of the changed person (6 copies), an insurance coverage certificate, and a written agreement (9 copies);

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. According to Article 62(1) of the Criminal Act of the suspended execution, a person who is subject to special mitigation [the person subject to special mitigation] of traffic accident resulting in general traffic accident [the scope of recommendation [the scope of recommendation] mitigated area] [the scope of recommendation] four months to ten months [the person subject to general mitigation] automobile comprehensive insurance and there is no record of criminal punishment [the decision of sentence].

arrow