logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2019.02.21 2018고단1234
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in CC bus service.

On October 17, 2018, the Defendant driven a bus at around 19:00, while driving the bus at the speed of 19:0,00, the Defendant proceeded at a non-speed speed from the left side of the area to the south side of the area.

A person engaged in the driving of motor vehicles has a duty of care to safely drive the motor vehicle by safely driving the motor vehicle, such as properly examining the right and the right and the right and the right and the right and the right and the right and the right and duty of operation.

Nevertheless, due to negligence of the defendant's neglect, the defendant found the victim E (Nam and 77 years of age) who walked along the lane in the front direction of the defendant's proceeding late, and shocked the victim with the front part of the bus and caused the victim's death with the heart marcing from the Taean Military Health and Medical Service Center of Taean-gun, Taean-gun, Taenam-gun, Taenam-gun, 19:52 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. A death certificate (E) and a postmortem report;

1. Application of Acts and subordinate statutes concerning photographs and accident photographs by cutting a black stuff, a video CD or an accident video;

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. Application of the sentencing criteria [Scope of Recommendation] General Traffic Accidents Type II (Death, etc. caused by Traffic Accidents) (4-1 years) (including special mitigation), the area of mitigation (including serious efforts to recover damage);

2. Determination of sentence: (a) the occurrence of a serious result of the death of the victim of the instant accident; (b) the time of the occurrence of the accident is about 7:0 p.m. and no delivery is installed separately; (c) the driver is a driver, who has a duty of care to prevent pedestrian accidents; (d) the failure to perform the duty of care to prevent such pedestrian accidents, and (e)

arrow