(영문) 광주지방법원 순천지원 2017.03.24 2016고단1921

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 순천지원 2017.03.24 2016고단1921

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of urban buses No. 25 of the same transportation.

On August 30, 2016, the Defendant driven the above bus on August 19:10, 2016, and led the victim C (10 years old) who driven the bus ahead of the entrance of a kitchen at the speed of 50 to 60 kilometers per hour, toward the right side of the stream at the speed of 50 to 60 kilometers per hour.

At this point, as a straight line of one-lane, a child gets a bicycle, there was a criminal defendant who has a duty to see the reaction of the child in the state that the child gets a light and has secured a safe distance.

Defendant 1: (a) had the victim’s head at the right fence of the bus, who was able to overtake the above bicycle on the side of the bus while soundinging the light at a speed, without reducing the speed of the bicycle; (b) had the victim’s head at the direction of the bicycle; and (c) had the traffic of the bus to the road; (d) had the victim’s head at the right fences of the bus.

Ultimately, the Defendant caused the death of the victim by occupational negligence to the respiratory part caused by brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. There are various circumstances shown in the arguments of this case, including the following: (a) the pertinent legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and the Defendant’s care for sentencing of imprisonment without prison labor, and there are no agreements with the victim’s bereaved family members; (b) the Defendant’s reflects the fact that the bus driven by the Defendant was admitted to the mutual aid association; and (c) the damage of this case is recovered to a certain extent; and (d) the Defendant’s age, sex, family relationship, environment, details and result of the

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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