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(영문) 광주지방법원 2014.02.11 2013고단5958

교통사고처리특례법위반

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

On December 3, 2013, at around 18:45, the Defendant, who is engaged in driving of the C Round vehicle, continued to run one-lane in front of the C Doocheon-gun, Suwon-gun, Suwon-gun, Suwon-gun, a water-related village in the front of the C Doocheon-gu, A Doocheon-do.

At the time, the E-tourism bus is parked on the right side of the defendant's vehicle at the time, so in such a case, the defendant engaged in driving service has a duty of care to properly see the front door and accurately manipulate the steering gear, and not to shock the above tourist bus.

Nevertheless, the Defendant neglected to do so and took part of the left side of the given tourist bus as the front part of the Defendant’s vehicle operation, and caused injury to the victim F (the age of 46) who was on board the Defendant’s front part of the vehicle, such as leaving the right door open to the right door, and caused the death of an excessive departure from G Hospital located in the Dong-gu in Gwangju-gu, Gwangju-gu on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident scene photograph and a actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

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, Article 59 of the Act on Probation, etc. [Determination of a sentence] Traffic Crime: General traffic accident:

2. Death of traffic accident (special-presidential person) - Punishment not for special mitigation (including serious efforts to recover from damage) [decision on the recommended area] mitigated area (decision on the recommended area] from April to October / [decision on the sentenced area] in the mitigated area (decision on the sentence] / In light of the fact that the defendant caused a traffic accident by failing to fulfill his/her necessary duty of care and causing the death of the victim, it is deemed that a strict punishment is necessary for the defendant, but the defendant is divided into and against his/her mistake, and the defendant is subject to a fine twice.