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(영문) 창원지방법원 진주지원 2014.01.21 2014고단1

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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

The defendant is a person who is engaged in driving buses C.

On July 7, 2013, the Defendant driven the above bus on July 08:23, 2013, and proceeded at a speed of about 90 km from the two lanes to the Gyeongnam-gun, Gyeongju National Road, which is located in the name asbestos external ratio of Jinju-si.

However, there are two-lane national highways, the maximum speed of which is limited to 80km per hour. At the time, the surface of the road was milched by bad weather weather, so in such a case, the defendant engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle at a speed that reduces 20/10 of the maximum speed in advance, and to prevent accidents by safely operating the steering direction and brake system of the motor vehicle, such as accurately operating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to drive the bus while driving the bus by negligence and caused the retaining wall in front of the bus driving by the Defendant, which was driven by the Defendant, to go on the right side of the bus in the direction of the Defendant, and led the bus to go on the road.

As a result, the Defendant caused the death of the victim D (V, 59 years of age) and the same victim E (V, 35 years of age) from G hospital located in Jin-si F in Jin-si in Jin-si on the same day at around 09:35 of the same day, and caused the death of the victim D (V, etc.) who is the passenger of the bus at the above occupational negligence, and suffered the injury, such as the injury indicated in the annexed list of crimes, respectively, from the total nine victims, such as the victim H, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. Each statement of H, K, L, M, N,O, P, Q, and R;

1. The actual condition survey report;

1. Each death certificate;

1. Each written diagnosis;

1. Notification of the results of analysis on requests for technical assistance for traffic accidents;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. The proviso to Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;