logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.03.28 2017고단4088
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving a village bus.

On September 23, 2017, the Defendant driven the above bus around 13:30 on September 23, 2017, and became on the front road of Seongdong-gu Seoul, Seongdong-gu, Seoul, and the Cheong-do 8 was moving to the speed of the non-speed.

In this case, the driver of a motor vehicle has a duty of care to check whether there is a person who gets on a crosswalk by checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the defendant neglected this and found the victim E who cross the crosswalk from the right side to the left side of the crosswalk due to the negligence of driving the crosswalk, and immediately operated the crosswalk, but the victim's bicycle in front of the bus was not faced and the victim got out of the road.

After all, the defendant had the victim by negligence in the above business affairs on the same day and caused the victim's death by cerebral cerebral cerebral cerebral typosis in Seongdong-gu Seoul Metropolitan Government on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. A death certificate;

1. Application of Acts and subordinate statutes by cutting off an accident vehicle photograph or black stuff images;

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;

(a) Determination of type: Type 2 (Death or such in traffic accident) of the General Traffic Accident Prevention>

B. Special sentencing factors: [Mitigation elements] No penalty is imposed

(c) the territory of recommendations and the scope of sentence of recommendations: Reduction area, 4 months to 1 year without prison labor;

2. Circumstances that are disadvantageous to a sentence: The victim shall be a bicycle;

arrow