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(영문) 광주지방법원 2016.06.30 2016고단1525

교통사고처리특례법위반

Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year 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 April 21, 2016, the Defendant driven a bus at around 20:00, while driving the bus at around 20:0, the Defendant continued to drive a road in front of the blood village at the south of the south Yong-gun, Yang Young-gun, both of which are in a doubleline, toward the west from the mountain to the west.

At the time, it was difficult at night, and there was a dog, and there was a hond road, and there was no street, and thus, it was not well seen. In such a case, a person engaged in driving service has a duty of care to reduce the speed, properly operate the steering gear, and accurately operate the steering and operating the steering gear.

Nevertheless, the defendant neglected this and found the victim C (the 81 tax) who was walking on the right side of the bus and operated the steering gear to avoid this to the left side, but did not avoid it, and had the victim go beyond the road to the right side of the bus.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the cerebral injury in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of traffic accident reporting, corpse death certificates, and photographs related to traffic accidents-related Acts and subordinate statutes;

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. Scope of the recommended punishment according to the sentencing guidelines: A person subject to special mitigation in the area of special mitigation for traffic accidents in two months to ten months of imprisonment without prison labor: A person subject to special mitigation for traffic accidents in the area of special mitigation for the victim: A person subject to special mitigation for the victim is not subject to punishment due to gross negligence in the occurrence of traffic accidents or in the expansion

2. Determination of sentence: April of a credit cooperative, one year under a suspended sentence, and the age, sex, environment, and circumstances leading to a crime;