beta
(영문) 의정부지방법원 2014.07.17 2014고단1308

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 13, 2014, at around 09:15, the Defendant was a person driving C, 51 passengers BS106 buses, and on January 13, 2014, at around 09:15, the Defendant neglected the Defendant’s duty of care at the front of the bus while driving a two-lane road in front of the cafeteria-type restaurant located in the southyang-si, Chungcheongnam-si, the Defendant neglected to perform his duty of care at the front of the bus while driving the two-lane road along one lane. The Defendant received the victim D (ma, 66 years of age) crossing the road at the front of the bus due to negligence in the course of business that erroneously

As a result, the Defendant suffered serious injury, such as brain damage, by adding two frameworks, etc. to the victim, which require medical treatment for about three months, due to such negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Medical certificates and medical statements;

1. Application of Acts and subordinate statutes to photographs by conducting a traffic accident investigation report, on-site photograph of an accident, and by cutting CCTVs;

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 [Determination of Punishment] - Types 1 (Aggravated Punishment of Traffic Accidents): Where the victim has been negligent due to the occurrence of traffic accidents or the expansion of damage, in the event that there is a substantial fault on the part of the victim in the occurrence of traffic accidents or the expansion of damage, in the event that a serious injury occurs (the decision of the recommended area): [the decision of the recommended area] where a serious injury occurs (the decision of the recommended area] one month to six months [the scope of the recommendation area] - In the area of mitigation [the general person] - whether a comprehensive motor vehicle insurance policy is subscribed, serious half [the scope of punishment] - If a serious injury occurs - If there is a significant fault on the part of the victim in the occurrence or the expansion of traffic accidents, the reason for positive consideration - If there is a significant fault on the part of the victim in the occurrence of the traffic accident or the expansion of damage, it is clear that the victim has not been punished, clear social relative relationship, or a suspended execution sentence]