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(영문) 광주지방법원 목포지원 2014.08.28 2014고단974

교통사고처리특례법위반

Text

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

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 who is engaged in driving 45 passenger buses belonging to the high speed of gold.

At around 20:10 on May 18, 2014, the Defendant, a two-laned road in front of the Seongbuk-do High School in Sung-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, in the right angle from the port of the port to the elementary university.

At night, there was a situation surrounding areas at the time, and buildings such as white schools and restaurants are likely to appear as pedestrians due to the location of buildings such as white schools and restaurants on the left-hand side, so a person engaged in driving duty has a duty of care to safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the defendant's negligence in the course of driving his driver's vehicle by negligence in the course of duty and shocked the body of the victim C(87 years of age) crossing the crosswalk on the crosswalk red signal.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence, such as a cage at the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a survey report, and an on-site photograph of a traffic accident;

1. Application of Acts and subordinate statutes of the death diagnosis report (C);

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. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. As to the traffic accident in this case, the decision of sentence and suspended execution are recognized and contradictory to the defendant's mistake, the fact that the defendant agreed with his bereaved family members, the bus operated by the defendant is covered by a mutual-aid with unlimited liability for compensation, and the traffic accident in this case.