beta
(영문) 춘천지방법원 영월지원 2013.10.15 2013고단332

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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

Punishment of the crime

The defendant is a person who is engaged in driving a bus B.

On May 20, 2013, the Defendant driven the above bus at around 12:05, and the 38 countries, which are located in the south-gun of Gangwon-do, are driving on the exclusive road of the 1st parallel per annum from the 0000 square meters to the Young-do square meters.

Since the place is a motorway where vehicles drive on a high speed, the driver had a duty of care to properly see the front door and the right and the right and the right and the right and the right and the right and the right and the steering system and to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and proceeded as it is without due diligence, and found and immediately operated a DNA franchise-free car of C driving which was stopped on the front side of the bus, but the bus which failed to turn off at the speed is fast as it is, and received the back part of the right-hand part of the bus as the front part of the bus.

Ultimately, the Defendant caused the death of the victim E (the age of 71) who was on board the head of the damaged vehicle due to the foregoing occupational negligence, due to an unexpected private person presumed to have been presumed to have been click at the flick.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Protocol of inspection;

1. A traffic accident report;

1. On-site photographs and motion pictures of a traffic accident;

1. The application of Acts and subordinate statutes to each investigation report (in addition to a body autopsy report and a victim's condition, etc., attaching film records of the vehicles under consideration, site conditions, attaching records of victims' statements, attaching defects of the franchiseer vehicle and requests for appraisal by relevant countries and requests for response to appraisal);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentencing recommended according to the sentencing criteria (the determination of types) shall be general;