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(영문) 청주지방법원 2014.04.10 2014고단22

교통사고처리특례법위반

Text

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

except that 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

On November 13, 2013, the Defendant operated a tourist bus B as of November 21, 201:05, with the driving of it, at a speed of three-lanes in front of the raw water department store, which is located in the Cheongju-si, in a considerable radius. Since at night and there are frequent traffic of vehicles and pedestrians, the Defendant failed to discover the victim C (55 years of age) who passed the road without permission from the right side of the bus in front of the heading station, and led the victim to the right side of the bus in front of the heading station, and led the victim to the death of the above bus in front of the heading station, the vehicle and pedestrians at night and there are frequent traffic of the vehicle. In such a case, even if the driver of the vehicle had a duty of care to prevent the accident by accurately operating the steering and brake system in advance by accurately operating the steering and brake system while neglecting it, the Defendant failed to take care of the victim C (55 years of age) due to the negligence in front of the bus in front of the heading station, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application of each traffic accident report, death diagnosis report, and photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the Defendant’s vehicle is subscribed to the Mutual Aid Association, the victim’s bereaved family members and the victim’s smooth consent, the victim’s unauthorized crossing appears to have served as one of the causes of the instant accident, the victim