logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2015.04.30 2014고단2640
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a route bus as his/her duties.

The defendant, around 08:30 on October 17, 2014, continued to proceed in the direction of Seoul from the middle to the center of Seoyang-gu, Seoyang-gu, Seoyang-gu.

In this case, since the restricted speed is 60 km a speed, a person engaged in the driving of motor vehicles has a duty of care to prevent accidents by complying with the restricted speed, operating the steering gear and brakes accurately, and operating them.

Nevertheless, the defendant neglected this and had the victim D (17 years old) crossing the above route bus from the right side of the collision direction to the left side by the negligence of operating the route bus at a speed exceeding 81 km per hour above the speed of 21 km above the speed limit.

Ultimately, the Defendant suffered injury to the said bus passengers E (n, 29 years of age) due to the foregoing occupational negligence, such as crypitis, etc., which requires approximately two-day medical treatment. On October 25, 2014, the victim D died due to cerebral macy, cerebral macy, and cerebral cerebral cerebralopty in G Hospital located in the Koyangyang-gu F, Goyangyang-gu, Goyangyang-gu on October 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Operating log (data for the analysis of speed records);

1. A death certificate and a medical certificate;

1. Application of Acts and subordinate statutes to vehicles at the scene of an accident, a photograph by cutting down a black stuff image, and body photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. Application (Recommendation Form) of the sentencing guidelines to the general traffic accidents of Type II (Death of Traffic Accidents), the area of special mitigation (two to ten months), the area of punishment not to be imposed (person subject to special mitigation), and the crossing without permission;

2. Determination of sentence: the defendant for six months of imprisonment without prison labor and one year of suspended execution;

arrow