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(영문) 수원지방법원 성남지원 2015.10.22 2015고단1706

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a village bus.

On January 8, 2015, the Defendant driven the above bus at around 06:14, and proceeded at a speed of about 20 km from the front side of the Sungnam-gu, Sungwon-gu, Sungnam-gu to the front side of the D-do, the front side of the D-do.

At night, the road width is narrow, and there are many spaces for the side, so there is a high risk for passengers getting on the bus to walk along the side, so in such a case, a person engaged in driving business has a duty of due care to prevent an accident, and in particular, there was a duty of care to safely drive the bus by examining whether there are passengers getting on the bus.

Nevertheless, the Defendant neglected this and stopped the above bus on the road in front of the Sungnam-gu, Seongbuk-gu, Sungnam-si, and stopped the victim E (n, 67 years old), and proceeded without properly examining the front and rear left, and did not discover the victim who was discharged from the above bus with the side and shocked to the front part of the bus, and led to the death of the victim in the latter part of the bus in the latter part of the right side of the bus.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment; Article 268 of the Criminal Act; Selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order of Community Service and Order to Attend Education has no basic area (eight to one month and one year and six months) (the special person) (the decision of sentence] (the decision of sentence), drinking driving and previous convictions of traffic accidents, and village buses.