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(영문) 대구지방법원 2015.04.16 2014고단6434

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 engaged in the operation of express buses C.

At around 17:00 on October 20, 2014, the Defendant: (a) driven an express bus with the speed of the 3st platform from the Gangseo-gu, Ulsan-dong parking lot; and (b) had a duty of care to prevent an accident by properly examining the right and the right and the right of the 5K at the speed of the city, the Defendant: (c) caused the victim D (V, 55 years of age) who walked to the right side of the express bus proceeding due to occupational negligence as long as the Defendant neglected the duty of care to prevent an accident; and (d) caused the victim to die on credit with the right side of the victim’s body and with the rear wheels, and caused the victim to die on credit due to a scarb and the dubus of the dub.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of the Acts and subordinate statutes to photographs by cutting on the spot and by scambling photo, black scamblings;

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. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents) (Article 8-1 and 6). There is no basic area (Article 62(1) of the Criminal Act (Article 62) (Article 62(1) of the Act on the Suspension of Execution [Decision of Sentence] (Article 1 of the Act on the Punishment, etc. of Traffic Accidents] (Article 62-1

However, since 1982, the defendant deposited 19.6 million won in total for the victim's bereaved family members, the victim's spouse wishes to take the defendant's preference, the victim's spouse is covered by a comprehensive insurance, the defendant's age, character and conduct, environment, and circumstances after the crime, etc. shall be comprehensively considered in determining the punishment as ordered.