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(영문) 창원지방법원 통영지원 2012.10.12 2012고단705

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

On March 26, 2011, the Defendant used CH120 tourist buses in front of the new unfair company located in the Slden-si, Yangsan-si, for business purposes, and proceeded at a speed of about 58km at a speed of about 58km per hour, which exceeds the speed of 40km per one lane depending on the speed of e.g., the e., e., e., e., the e., e., the e., e., the e., the e.

At the right angle, since the person engaged in the driving of a motor vehicle should reduce the speed in advance and safely proceed with the driving of the motor vehicle. However, the defendant did not turn back along the lane due to the negligence of the business that proceeded at an excessive speed without properly operating the brake system and did not go back along the lane, and the above tourist bus cut down below approximately 26 meters from the front edge of the above tourist bus, which was installed at the right edge of the opposite direction.

The Defendant, by these occupational negligence, caused the victim D (the age of 18) who was the passenger of the above tourist bus to die in the same place due to two damage, and caused the victim E (the age of 19) and the victim F (the age of 21) to die in the same place due to the diversified damage, and at the same time, caused the victim G (the age of 22) to undergo medical treatment and rehabilitation for not less than four months due to the indeption of the ruplicity of the rupliculation, etc., and to cause the victim G (the age of 22) to suffer serious injury that is anticipated to have a disability at the right-hand exercise and the paralysis cost, and caused the victim H (the age of 18) to suffer a permanent damage due to the le

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each investigation report (No. 37,38 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to field photographs, each body autopsy report, each body autopsy report, each body photo, each diagnosis letter, opinion on the commission or commission, and opinion on request for appraisal;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;