logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.26 2017고단4405
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of 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 a new bus B.

On June 22, 2017, the Defendant driven the above bus and driven the three-lane road in front of the “D” located in the Jin-gu Busan City, Jin-gu C toward the intersection of the luminous intersection from the intersection to the intersection of the luminous intersection.

Since a crosswalk is installed, in such a case, the defendant engaged in driving service has a duty of care to check whether there is a person who gets a crosswalk by reducing speed and by checking well the right and the right of the road.

Nevertheless, the Defendant neglected to do so and did not discover the victim E (28 h, female) who was a victim with a crosswalk which passed as it was, and received the body of the said victim in front of the right side of the bus, and immediately left the right side of the bus, and caused the victim's death by a multi-salvation of the body side, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of the statutes governing traffic accident-related photographs;

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 Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Although the punishment of Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution results in the death of the victim due to negligence of the defendant, which is not minor, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the fact that the victim’s bereaved family members agree with the victim, and the vehicle is affiliated with the Financial Cooperative; (b) there is no record of criminal punishment exceeding the fine; (c) there is no record of criminal punishment after April 1979; (d) there is no record of criminal punishment after the defendant’s age, sex, environment, circumstances leading to the crime; and (e) the circumstances after the crime.

arrow