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(영문) 의정부지방법원 고양지원 2014.05.16 2014고단70

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 buses C.

On October 30, 2013, the Defendant driven the above bus on October 30, 2016:0, and driven the road of about 92 km in the direction of the subway station in the direction of the subway station to the speed of about 92 km in the direction of the subway station.

At the time, she is placed around the place by the new wall hour, and the crosswalk is installed near the place, and the speed of restriction is 60 km speed, so in this case, the driver had a duty of care to prevent the accident by observing the speed of the front and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right.

Nevertheless, the Defendant neglected this and did not discover the victim D(65 years of age) who illegally crossed the speed exceeding 32 km a speed of 32 km a speed, and did not find the victim D(65 years of age) at that place, and caused the victim to face the front right side of the bus by negligence.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury to two parts.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a death diagnosis report;

1. Application of Acts and subordinate statutes to the investigation report (related to appraisal at tacometer);

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 selection of

1. Sentencing guidelines for sentencing under Article 62 (1) of the Criminal Act: The heavy result of the death of a victim from August to June in the basic area of traffic crime, general traffic accident, and Type II (Death resulting from traffic accident), the fact that the defendant has agreed with the bereaved family members, the age, character and conduct, family relationship of the defendant, the circumstances of the instant traffic accident, and the future progress, etc. shall be considered;