logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.05.31 2016고단546
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 service of B 46 passenger new bus.

On October 9, 2015, the Defendant driven the above vehicle at a speed of about 10-15 kilometers per hour, according to four-lanes towards the D station located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, along the direction of the D station located in the south-gu, Incheon, the Defendant moved to the right bypassing the road at a speed of about 10-15 kilometers per hour from the direction of the parallel.

At night, since there is a crosswalk at the time, the defendant engaged in driving service is found to have a pedestrian crossing at the time, and the defendant confirmed whether there is a person to walk the road by reducing the speed of the vehicle, and properly examining the right and the right and the right of the vehicle, and neglected his duty of care for safe driving, and found the victim E (21) who passed the bicycle and cross the crosswalk to the right and the right of the crosswalk from the left side by neglecting it as it is, and followed the victim's head and boom, etc. of the victim who passed beyond the shock by obtaining the right side of the defendant's vehicle.

Ultimately, the Defendant caused the death of the above victim by occupational negligence, i.e., the suspension of cardiopulmonary closure.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, accident scene, and shock photography;

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

1. Sentencing (Scope of the recommended punishment) (referring to two months to ten months), the area subject to special mitigation (referring to a person subject to special mitigation) (referring to a person subject to special mitigation) of a traffic accident, where the victim has committed considerable negligence in the occurrence of a traffic accident or the expansion of damage, not subject to punishment (including efforts to recover damage);

2. Fully considering the following conditions under the sentence of sentence and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime.

arrow