logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.10.08 2014고단6130
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving Samsung Passenger Village Bus.

On July 4, 2014, the Defendant driven the above bus at around 05:45, and proceeded two lanes in front of the two-lane apartments, which are the Gyeyang-gu Incheon Gyeyang-gu culture, from the side of the Osan Park, at the speed of 10km each hour from the side of the Osan Park to thewest line, and came to the right of way in the direction of the intersection.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving service has a way to see well the right and the right of the road, and to drive safely according to the new subparagraph.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor by failing to avoid the victim D (56 years old) who was crossing the left side from the right side of the vehicle operated by the Defendant, due to the negligence bypassing the pedestrian signal to green light, while neglecting it.

After all, the Defendant caused the death of the victim from the above occupational negligence to the low-weight shock on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Protocol of inspection;

1. Application of investigation reports (investigation of CCTV images around buses and field areas)-related Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Not subject to punishment (special mitigation) for the mitigation area (4 to 10 months) of the Class II (Death, etc. resulting from Traffic Accidents) in general within the scope of recommending punishment;

2. Unless the defendant's decision of sentence is less severe than the fault of the defendant, and the death of the victim resulted in the serious result, and there is a record of being punished for suspended execution due to the same kind of crime, but the above special mitigation is also considered.

arrow