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(영문) 대전지방법원 2013.09.06 2013고단2591

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 the operation of urban buses C.

On April 29, 2013, the Defendant: (a) around 09:29 on April 29, 2013, when the Defendant proceeds along five-lanes in front of the luxan-dong of Daejeon Seosung-gu along five-lanes toward the four-lane distance from the U.S. hot Spring Station; (b) observed the signal by thoroughly operating the steering gear and operating the steering gear and brake system, and neglected to exercise the duty of care to prevent accidents in advance; and (c) did so in violation of the new subparagraph, while the Defendant was negligent in proceeding against the victim’s personal taxi driving from the back of the lux hotel, the right-hand right-hand side of the horse to the left-hand line in accordance with the left-hand signal; and (d) had the victim F.4 (S.) who stopped beyond the central line of the damaged vehicle, and subsequently stopped to the left-hand side part of G. G. 24 (S.).

As a result, the Defendant caused the death of the victim D by occupational negligence as above, and caused the victim F to suffer diversous salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. Each police statement made to H, F, and I;

1. The actual condition survey report;

1. A written autopsy report and a medical certificate;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

(a) Occupational Death: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) Injury by occupational negligence: Article 3 (1), proviso of paragraph (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act.

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The result of the instant accident for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is significant.