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(영문) 춘천지방법원 속초지원 2014.06.18 2014고단118

교통사고처리특례법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of urban buses No. 7.

On January 29, 2014, the Defendant driven the above bus around 19:00 and proceeded at a speed of about 40 km from the surface of the Dong namedong office at a distance of three lanes, depending on the three-lanes in the horizontal distance of the water-resistant tower, at the speed of about 30 km, depending on the two-lanes.

At the time, a crosswalk is installed at night and at the front, so in such cases, there was a duty of care to check whether a person engaged in driving service of a bus has a duty of care to safely drive the bus by reducing speed and checking the right and the right and the right of the bus.

Nevertheless, the Defendant neglected this and proceeded to the right side and the body side of the victim C (V, 69 years old) who walked along the crosswalk to the right side of the bus due to negligence on the left side of the bus driving.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim due to serious cerebral injury caused by the ductal dunes at the site around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and on-site photographs of traffic accidents;

1. The autopsy report and the identification photograph of the dead body;

1. Application of Acts and subordinate statutes to investigation reports (limited to traffic accident scenes and vehicle photographs);

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. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows) is [the scope of sentencing] 5 years or less of imprisonment without prison labor (the scope of recommending punishment ] : April to October of imprisonment without prison labor (the area of mitigation from among traffic crime groups and traffic accident accidents) ] 6 months of imprisonment without prison labor ; 2 years of suspended execution ; and 3 years of suspended execution ; the victim crossing the crosswalk due to the instant crime, which resulted in the serious result of the death of the victim.