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(영문) 대전지방법원 천안지원 2013.10.11 2013고단936

교통사고처리특례법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a chartered bus B.

On May 14, 2013, the Defendant driven the above vehicle at around 22:15, and entered the parking lot of the “mocheon-gu, Dongcheon-gu, Dongcheon-gu, Dongcheon-gu, Dongcheon-gu” at a speed of about 10km per hour.

At the time, since it is night and a place where people pass, there was a duty of care to check whether there is no person in the direction of the driving of the motor vehicle, and to enter it.

Nevertheless, the Defendant neglected this and did not discover the victim C (the age of 41) who was living in the bed parking lot due to negligence, and did not discover the victim C (the age of 41) and imposed the victim's bridge on the right side of the above bus operated by the Defendant.

Ultimately, the Defendant’s negligence on June 21, 2013 caused the death of the victim due to the heart suspension by taking treatment at D Hospital around 18:27, and by taking treatment at D Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. The actual condition survey report;

1. On-site photographs;

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 and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Four months of a imprisonment without prison labor to be suspended;

1. Determination of sentencing under Article 59(1) of the Criminal Act as to the occurrence of the instant accident for the reason of sentencing under Article 59(1) of the suspended sentence is deemed to have a substantial cause for the victim’s negligence, considering such factors as the fact that the instant vehicle is covered by a comprehensive insurance, the fact that the victim’s bereaved family members agree to pay a considerable amount of money, the Defendant