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(영문) 전주지방법원 2016.05.03 2015고단2210

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a bus BX212.

On October 5, 2015, the Defendant driven a bus at around 18:45, while driving the bus at around 18:45, the Defendant proceeded with a one-lane road in the vicinity of the mountain village in the dong-ro, the dong-do, which is a river, from the dong-do to the dong-side.

At that time, the slope installed with the central line has been completed, and at the time of the smooth down length, it has already been damaged and tried to overtake the previous vehicle, so the driver of the motor vehicle has a duty of care to look well at the front, rear, and right and right and the right and the right and the right and the right of the motor vehicle and to proceed safely.

Nevertheless, the Defendant neglected to do so and proceeded with the opposite vehicle beyond the center line in order to overtake the victim D(65) E-W 100 Oral E-W 100 Oral, which was prior to the Defendant, and was negligent in returning the bus to the opposite vehicle, and caused the damaged person to go beyond the road by taking over the damaged person's left hand on the right side of the bus after returning to the opposite vehicle.

Ultimately, at around 19:45 on the same day by occupational negligence, the Defendant caused the death of the victim at the heart fee by a low-blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident (1 deemed), a report on the occurrence of a traffic accident (2 deemed), a report on a traffic accident, and evidence and photographs of the scene of a traffic accident;

1. Investigation report (specific relation to the vehicle in the current year);

1. Notification of results of the comprehensive traffic accident analysis;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds) of the suspended sentence [the scope of the recommended sentence] is the case where there is a substantial fault in the occurrence of traffic accidents or the expansion of damage to the victim in the area of special mitigation (the period between February and October) (the period between February and October).