logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.23 2018고단1342
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a C bus which is a kindergarten school vehicle.

On November 27, 2017, the Defendant driven the above bus around 14:50 on November 27, 2017, and led 884 U.S. to turn to the left at an irregular speed from the right edge of the mix road between 884 U.S., Nam-gu, Incheon.

Since there is an intersection where a signal light and a left-hand turn turn is installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

Nevertheless, the defendant neglected this and did not discover the victim D (year 73) crossing the road from the right-hand side to the left-hand side by failing to protect the right-hand left-hand turn in violation of the signal, and caused the damage to the front-hand side of the bus.

After all, the Defendant suffered injury to the victim, such as the removal of fats, which require approximately 18 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to each written diagnosis and report on investigation (the result of serious injury);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

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

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents in the area of aggravation (eight months to two years) (a person who is subject to special sentencing) (aggravating) in the area of aggravation (a person who is subject to special sentencing) and reduction of punishment;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and all the sentencing conditions set forth in the pleadings of the instant case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the sentence shall be set as ordered within the scope of the recommended sentence.

The favorable circumstances: ......

arrow