logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.01 2016고단971
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving of Cro-ROM towing vehicles.

On July 2, 2015, the Defendant driven a towing vehicle subsequent to the towing vehicle on the above vehicle, and made the vehicle left left at a speed of about 3 to 5 km from the 23rd side of the resignation to the south of Gangnam-gu Seoul, with the road without the front line of the E pharmacy located in Seocho-gu Seoul Metropolitan Government.

Since there is a crosswalk without signal, and the passage of pedestrians is frequent, the driver of the vehicle has a duty of care to safely drive the vehicle after checking whether there is no pedestrian or not.

Nevertheless, the Defendant neglected this and negligently driven the vehicle at the right side of the driver's seat of the victim F(3) who was a driver's seat of the driver's seat of the vehicle and left the left side without recognizing it, and the left side of the towing vehicle and the wheels of the towing vehicle were the head of the victim.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day by causing the victim to death, such as the symptoms of serious brain damage and the divessis, which are transferred to the KatoTol University Seoul Sung Hospital in Seocho-gu, Seoul, as the distribution of Seocho-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Accident video CDs;

1. A survey report on actual conditions;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of recommendation] of the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing] (the period from August to 2) of the basic area (the period from August to the year) (the person subject to special sentencing) [the decision of sentencing] is that the victim died due to the defendant's neglect of duty

arrow