logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.05.23 2018고단1591
교통사고처리특례법위반(치사)
Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. If the defendant does not pay the above fine, 70 days.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a bus in fishing to C New Sckis.

On August 10, 2017, the Defendant driven the above bus around 21:55, and driven the front road of Dongdaemun-gu Seoul Metropolitan Government D from the dong Scam to the private distance of the Dong-dong market, one of the three-lanes at a speed of about 50km each hour.

At the time, while at night, the surface was sucked, and the victim E (54 tax) was at the front of the same lane, depending on the central separation unit, and thus, the driver of the motor vehicle had a duty of care to prevent the accident in advance by accurately manipulating the steering right and the steering direction and the operation of the motor vehicle with the view to the driver of the motor vehicle.

Nevertheless, the defendant neglected this and did not find the victim due to negligence, and did not go beyond the floor, and received the victim due to the left side of the bus operated by the defendant, and went beyond the floor.

Ultimately, around 22:55 on the same day, the Defendant caused the victim to die due to a large amount of scarcitys caused by traffic accidents at the Korea University Medical Center Hospital located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Report on internal investigation (verification of black boxes);

1. Investigation report (as to the victim's moving route)

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (the sentencing range of KRW 100,000 per day) [the sentencing range] 20,000 won or less (the sentencing decision] is disadvantageous: A normal condition in which the occurrence of a serious result leading to the death of the victim due to the instant accident is favorable: The Defendant has been faithfully engaged in driving buses for several years without any criminal history; and the Defendant is at night.

arrow