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(영문) 대전지방법원 천안지원 2015.09.18 2015고단1237

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for 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 the operation of the city bus B.

On April 16, 2015, the Defendant driven the above bus at around 17:05, and was stopped at the bus stops in front of the "GS Sscki-gu Scki-dong" in Seo-gu, Seo-gu, Seocheon-gu.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as making it possible for the driver of a motor vehicle to live well on the right and the right, and accurately operating the steering gear, brake system, etc. of the motor vehicle.

Nevertheless, while the Defendant neglected this and started the front door without looking well, the Defendant did not discover the victim C (n, 9 years old) crossing the road from the right side of the proceeding direction to the left side, and did so to the front part of the bus by shocking the victim into the upper part of the right part of the bus, and turned the road into the front part of the right side.

Ultimately, at around 17:41 on the same day from the above occupational negligence, the Defendant caused the death of the victim due to the serious injury to the victim at the Yancheon-do University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Each entry into the report on traffic accidents, the actual condition survey report, and the investigation report;

1. Statement of a written diagnosis of death;

1. Application of video-related Acts and subordinate statutes to the site and relevant photographs;

1. Relevant provisions of the Acts concerning criminal facts and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria [Determination of types] for general traffic accidents in the category 2 (Death, etc. of Traffic Accidents) (Special Convicted Persons) (Death, etc. of Traffic Accidents) - Where there is substantial negligence on the victim as well as on the part of the victim for the occurrence of traffic accidents or the expansion of damage, the victim shall not be punished (decision on the recommended area), special mitigation area, two months or

2. Determination of sentence: Six months of imprisonment without prison labor and one year of probation;