beta
(영문) 의정부지방법원 2020.10.07 2020고단873

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a bus B (State)C.

On September 30, 2019, the Defendant driven the above bus on September 30, 2017: 07:15, and driven the two-lane road in front of the E in Dongbcheon-si D along two-lanes to the required mountain zone from the direction of the city at the speed of about 66km (restricted speed of 60km).

On the other hand, there was a sidewalk on both sides of the road, so there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed to those engaged in driving a motor vehicle, driving a motor vehicle on the front side and right side well, accurately manipulatinging the steering gear, etc.

Nevertheless, the defendant neglected to do so and neglected to find out the victim F, who was crossing the road from the right side of the bus to the left side of the bus in the direction of the bus due to the negligence of neglecting the personnel of the bus's article, and neglecting to do so, and caused the victim to go beyond the road. However, although the defendant did not avoid the bus, he did not get out of it and did not get out of the road, he did not get the victim to go beyond the road.

Ultimately, at around 08:21, the Defendant caused the death of a victim with excessive blood by occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to the statutes concerning the CD reproduction data of the defendant's legal statement, the fact-finding report on traffic accidents, on-site photographs, the body inspection report, and the body inspection report;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element of traffic accident death [special sentencing person]: In a case where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage even for the victim, the victim is not subject to punishment [the area of recommendation and recommendation range] special mitigation range, imprisonment without prison labor for two months to one year.