logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2016.11.24 2016고단624
교통사고처리특례법위반(치사)
Text

1. The punishment of a defendant shall be determined by a credit cooperative for six months;

2. Provided, That the above punishment shall be imposed 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 the duty of driving B B-II cargo vehicles.

On August 5, 2016, at around 17:07, the Defendant, along with the head of the Eup/Myeon/Dong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, at the front side of the safe Eup/Myeon office located in 149, had the Defendant proceed to the front side of the front side of the Eup/Myeon/Dong-gun, on the side

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road to reduce the speed and to see well the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and proceeded without looking well at the front side, and got the victim C (the age of 80) who crossed the marina from the left side to the right side, such as the front part of the above cargo vehicle driving by the Defendant, and went beyond the ground.

Ultimately, around August 9, 2016, the Defendant caused the victim’s death by occupational negligence, resulting in the death of a brain in the course of being receiving medical treatment at a single university hospital located in 201, Nam-gu, Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual survey report, traffic accident-related photographs, accident-related video CDs;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendations] (the grounds for the suspended sentence] general traffic accidents in the area of mitigation (4 to 1 year), the area of mitigation (including specially mitigated persons), punishment not (including efforts to recover from damage) [the decision of sentence] unfavorable circumstances: A normal condition in which the victim causes a traffic accident and causes his/her death: agreements with bereaved family members and comprehensive insurance coverage.

arrow