logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2014.05.15 2014고단371
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

At around 18:02 on January 4, 2014, the Defendant driven a c sealed 3 freezing truck, and proceeded at a speed of about 65 km at a speed of about 65 km, depending on the length of flying distance from the large-scale shooting range to the front side of the filling station of Anyang LPG (LPG) located in 957, as in the city of Ansan-gu, at the direction of 18:02, at the speed of about 65 km.

However, at the time, since it is difficult to see the front light due to the absence of headlights of motor vehicles driving at night, and there is an underground level in the front door, there was a duty of care to reduce speed and drive it in good manner as a person engaged in driving business.

Nevertheless, the Defendant neglected the above duty of care and was negligent in proceeding with the Defendant’s fault, and received the victim D (the age of 82) who crossed the above road from the gate of the sloping-dong with the sloping-dong with the face of the sloping-dong with the face of the sloping-dong.

The Defendant caused the death of the victim due to the above occupational negligence, such as a scarcity, on the job.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. A death certificate or first-aid place;

1. Application of Acts and subordinate statutes governing the site and vehicle photographs;

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. Although there was a serious result of the Defendant’s negligence in sentencing under Article 62(1) of the Criminal Act as to the suspended sentence, considering the following: (a) the Defendant was covered by a comprehensive insurance; (b) the Defendant deposited a certain amount for the bereaved family members of the victim; (c) his/her mistake was pened in depth; and (d) the victim’s unauthorized crossing of the five-lane road at night seems to have caused the occurrence of the said traffic accident, the punishment as set forth in the text shall be determined.

arrow