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(영문) 대전지방법원 천안지원 2014.08.29 2014고단809

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 is a person who is engaged in the operation of the Lone Star bus.

On June 11, 2013, at around 14:55, the Defendant driven the above van, and came to the left at the left at an irregular speed from the front of the straight delivery distance from the front of the straight delivery distance from the front of the straight delivery line at the Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si.

There was a long distance that does not support traffic control by signal apparatus. In particular, the Defendant had a duty of care to prevent accidents, such as making a thorough examination as to whether there is a vehicle that intends to temporarily stop and enter the road, and safely entering the road in such a way as not hindering the passage of other vehicles.

Nevertheless, the Defendant neglected this and got the front part of the victim C (year 71) driver's license, who was directly located on the right straight-side side of the straight-line side of the proceeding direction due to the negligence of entering it as it is, and thereby, received the front part of the victim C (year 71) driver's license from the straight-line side of the right straight-line.

Ultimately, the Defendant caused the victim’s death by occupational negligence as a sudden stop around 05:10 on August 14, 2013 while treating the victim at a hospital of single university and college located in 201, Gangnam-gu, Dong-gu, Dong-gu, Seoul. In the end, the Defendant caused the victim’s death.

Summary of Evidence

1. Statement by the defendant in court;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accidents;

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 (the decision of a suspended sentence) of the Act on the Suspension of Execution (the decision of a suspended sentence) Part II (the death of a traffic accident): Reduction area of punishment (the decision of the recommended area): April to October (the general person) of the imprisonment without prison labor: Whether the comprehensive motor vehicle insurance has been subscribed and the serious reflects (the suspension of execution of sentence).