logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.08.30 2018고단2938
교통사고처리특례법위반(치상)
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of village buses B.

On July 10, 2018, the Defendant driven the above village bus on July 21:35, 2018, proceeding one lane in front of Seongbuk-gu Seoul Metropolitan Government C from the direction of Hecheon-gu to the Seodaemun-gu, Y 2-dong, Sin-dong, Sucheon-gu, and was getting off passengers at the bus stops.

In such cases, the driver of any motor vehicle has a duty of care to take necessary measures, such as accurately closing the door so that people on board or getting on or off the motor vehicle does not fall.

Nevertheless, the Defendant neglected to do so and did not confirm whether passengers of the above village bus gets out of the village bus of this case without accurately and by negligence, when he started the door from the village bus of this case and went out of the village bus of this case (the age of 73).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., complete fry flavers and flaversing flaversing around the left-hand shoulder in need of approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Reports (1), (2) on traffic accidents;

1. A medical certificate;

1. Application of accident video CD-related Acts and subordinate statutes

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 Imprisonment without prison labor, Article 268 of the Criminal Act;

1. Article 62(1) of the Act on the Suspension of Execution does not properly confirm whether the defendant's negligence, starting from the door without properly checking the reason for sentencing, is serious, and the degree of injury to the victim is not provided against the victim. Therefore, the defendant is selected as a imprisonment without prison labor.

However, there is no criminal defendant who has been sentenced to criminal punishment more than once, and compensation for damage is expected to be made because the defendant subscribed to motor vehicle comprehensive insurance, the victim does not want to be punished, reflects it, and the range of recommended punishment that is set by sentencing guidelines for traffic accident crimes (special mitigation of punishment exemption).

arrow