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(영문) 대구지방법원 2016.10.18 2016고단4238

교통사고처리특례법위반(치사)

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 a city bus BS106.

On July 1, 2016, the Defendant driven the above bus on July 17:25, 2016, and continued the distance of the fraternity branch, which was located in the Cheongcheon-si Cheongcheon-si Cheongcheon-si, from the Cheongcheon-si.

Since there is a long distance crossing with signal lights, the driver has a duty of care to observe the signal and proceed.

Nevertheless, the Defendant neglected to do so and proceeded as it was in the process despite the front signal, and there was a conflict between DWINDY (100) driving of the victim C(the age of 63) who took the same intersection as the front line in the direction of the erode in accordance with normal progress signals, and the left side of the said bus.

As a result, the Defendant caused the victim to die due to injury to external wounds in the Jung-gu, Daegu High-ro, 130 (Seoul High-ro), Daegu High-ro, 21:41 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the actual survey report and death diagnosis report;

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;

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

1. The area (4 to 10 months) where the reduction area (4 to 10 months) of the death or injury of traffic accidents (special-sponsor) is mitigated due to the application of the sentencing criteria (the scope of recommendation);

2. According to the rulings of sentence, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined in full view of the sentence as above.

Unfavorable circumstances: The accident of this case resulted in a serious result of the victim's death.

The degree of violation of the duty of care of the defendant is very serious.

The defendant agreed to the victim's bereaved family members and the victim's family members.

The defendant.