logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2019.10.24 2019고단832
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by eight months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus B.

On April 8, 2019, around 06:25, the Defendant stopped in order to wait for signal signals while driving along three lanes from the direction of the distance between South and North Korea, along the DNA border point in the north-gu C at the port of port.

Since the above place had frequent traffic of other automobiles and pedestrians, the driver of the vehicle at such place had a duty of care to prevent traffic accidents by properly operating and operating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so, without due regard to the front side and right side of the bus, and caused the part of the victim E (n.e., the age of 71), which was located on the road to the right side of the running direction of the Defendant, to the right side of the bus, due to the occupational negligence from which the above bus started, and led the victim to the right side of the front side of the bus.

Ultimately, the Defendant caused the death of the victim in his/her job by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of each statute on 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, and Article 268 of the Criminal Act.

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Punishment of imprisonment without prison labor shall be imposed in consideration of the fact that the degree of damage is serious due to a case causing the death of a victim by negligence in driving a sentence.

arrow