logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.05.31 2013고단917
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in driving QM5 automobiles.

On August 24, 2012, the Defendant driven the above car at around 19:48, and proceeded three-lanes of the road in front of the Jinsung apartment Haak-dong, which is located in the city of the government, from the tri-si-si off of the Jin apartment, to the tri-si surface of the Masan apartment.

Since there are crosswalks, the person engaged in driving service has a duty of care to live well in the front door and drive safely.

Nevertheless, it is found that the victim C (or 74 years of age) who was unauthorized to the right side from the left side of the progress direction due to negligence, which was neglected, was found to be late, and the above victim was shocked by the front part of the said car, and the following cargo from the serial number number unclaimed is the victim, while the victim was faced with the above victim, and the victim was killed by a multiple long-term system due to multiple organ damage around 07:00 on August 25, 2012, which was being treated by the D Hospital located at the time of the government.

Accordingly, the defendant caused the death of the victim due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Scope of sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act: The scope of final sentencing recommended by sentencing guidelines from January to October 5: From February of the imprisonment without prison labor to October of the year: The types of crimes / the types of death of traffic accidents in general traffic accident standards among traffic crime groups / None of the mitigated factors: In a case where there is considerable fault for a person who is not punished or a victim (the scope of recommending punishment from February to October): the mitigated area (the scope of recommending punishment): there is no aggravated factors of general sentencing on the sentencing guidelines (the scope of sentencing from February to October): The factors of mitigation that have no serious reflect, the purchase of comprehensive motor vehicle insurance, and the recommendation of suspension of execution based on the sentencing guidelines that have no record of criminal punishment.

arrow