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(영문) 대전지방법원 천안지원 2014.11.21 2014고단1179

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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

Criminal facts

The Defendant was engaged in driving service of city buses B.

On December 2, 2013, the Defendant driven the above bus at around 11:10, and driven the road along the speed of terminal accidents from the edge of the death-free bus terminal located in the new sub-dong, Dong-gu, Chungcheongnam-gu, Seoul.

At the time, since the defendant tried to change the course from the two lanes to the three-lane, he had a duty of care to prevent accidents by driving safely, such as living well on the front side and the left side.

Nevertheless, the Defendant failed to discover the victim C (the age of 69) who crossed the road as it was by negligence while neglecting this, and caused the victim to face with the front right part of the bus.

Ultimately, the Defendant suffered from injury, such as an external wound, due to the above occupational negligence, and caused the victim to suffer injury, while treating the injury, which led to the death of the victim due to the cerebral blood from the above accident at the E Hospital located in the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City on July 19, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. A scene of an accident and photograph of an accident vehicle;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act [Determination of Punishment] for traffic accident in general traffic accident [Article 62(1)(Article 62(2)(Article 62(1))(Article 62(3)(Article 62(1))(Article 62(1))(Article 62(1)(Article 62(2)(Article 62(1))(Article 62(1)(Article 62(3)(Article 62(1))(Article 62(1)(Article 62(1))(Article 62(3)(Article 62(1))(Article 62(1))(Article 6