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(영문) 대전지방법원 2015.07.15 2015고단1368 (1)

교통사고처리특례법위반

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

On November 15, 2014, at around 02:05, the Defendant driven the above vehicle, and led the victim to turn to the right side of the Chungcheongnamnam Hospital located in Daejeon Jung-gu, Daejeon. At night and there are many people crossing the vehicle. In such a case, the person engaging in driving the vehicle has a duty of care to see the front left well and accurately operate the steering line and prevent the accident by accurately operating the steering and steering devices of the vehicle, while neglecting the duty of care to prevent the accident, the Defendant did not discover the victim E (E, South and 35 years old) who was standing the crosswalk on the right side of the left side of the left side of the way of the vehicle operated by the Defendant, without discovering the victim's front part of the bus driven by the Defendant.

Ultimately, the Defendant caused the victim to be unable to reproductive due to the loss of high refund due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual condition survey report;

1. Investigation report (the report on confirmation, such as the progress of treatment for victims);

1. A medical certificate;

1. Application of each statute on photographs;

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 ( considered as the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] of the Reasons for General Traffic Accidents in Type 1 (Death resulting from Traffic Accidents) (Special Mitigation) (Special Mitigation) where the victim is at considerable negligence in the occurrence of traffic accidents or the expansion of damage, / Where a serious injury occurs (decision of sentence] disadvantageous circumstances: the victim suffers serious injury to the extent that the victim becomes unreproductive impossible due to the loss of high refund.