logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.10.23 2013고단2811
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 driving buses C.

On May 8, 2013, the Defendant was driving a bus around 09:20 on May 8, 2013, and was stopped to allow passengers to board and alight in front of the bus stops located in Sejong Special Self-Governing City, the sub-committee of Sejong Special Self-Governing City.

In this case, the defendant engaged in driving service has a duty of care to prevent passengers from falling off the bus by safely starting the door after checking passengers' getting on and off the bus.

Nevertheless, the defendant neglected this and caused the victim D (the age of 76) to go away from the road through the door opened by the victim without confirming it even though the victim D (the age of 76) was boarding ahead of the bus.

Ultimately, the Defendant caused the victim to suffer bodily injury, etc. due to the above occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the "disforth sentence") of the suspended sentence is that the defendant violated his duty to prevent the falling of the passenger as a bus article, and the result of the accident is significant. Meanwhile, the bus driven by the defendant is covered by the mutual aid association, the fact that the bus driven by the defendant is smoothly agreed with the victim, its depth is in contravention, and the defendant's age, character and behavior, intelligence and environment, criminal records, criminal records, circumstances after the crime, etc. are considered as the condition for sentencing specified in the arguments of this case, and the sentence against the defendant is determined as the disposition.

arrow