logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2017.09.21 2017고단1688
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in urban bus driving service for three passengers.

On June 15, 2017, the Defendant driven the above vehicle at around 15:05, and stopped from the south-gu, Southern-gu, the front of the bus stop at the entrance of the central market in the south-gu, Southern-gu, Seoul-gu, to the boundary of the ceiling.

Since this place is the entrance of the market and a place where people have passed in the future of the bus stop, there was a duty of care to prevent accidents by safely driving the vehicle by driving the vehicle with safety prior to its departure, such as keeping the front door and right door well, operating the steering wheel and brake system accurately.

Nevertheless, the Defendant neglected to do so and led the victim C (the age of 78) who walked on the left-hand side from the right-hand side of the Defendant’s vehicle running ahead of it, to go beyond the road by shocking the victim C (the age of 78) who walked on the front-hand side of the Defendant vehicle, and continued to go beyond the right-hand side of the Defendant vehicle.

Ultimately, around June 16, 2017, around 21:17, the Defendant: (a) caused the victim’s death by occupational negligence to a multiple long-term corrosion due to the diversification of dives, e.g., the 6-gil 31, 1,000 South-gu Yancheon-si University Hospital, Namcheon-gu, Yancheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A survey report on actual conditions;

1. Accident vehicles and on-site photographs;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accidents Act No. 2 (Death by Traffic Accidents) (4 to 1 year), the mitigation area (including special mitigation persons), the recognition of crimes not punishable (including efforts to recover damage), the recognition of crimes against whom the victim is not subject to punishment (the decision of sentence], and the agreement with the victim's bereaved family.

arrow