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(영문) 전주지방법원 2016.12.20 2016고단1609
교통사고처리특례법위반(치사)등
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 driving of the city bus.

On August 29, 2016, the Defendant driven the above bus on August 12:55, 2016, and proceeded at about 70 km from the front side of the Gegwon Village in Flue-gun to the front side of the Gegwon Village in Flue-gun to the front side of Flue-gun.

Since the place is a bend road and the center line of yellow solid lines are installed on the right side, there was a duty of care to reduce speed to the person engaged in the vehicle driving duty and safely drive the vehicle while keeping it well and prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and got the front part of the left-hand part of the Fpoter Cargo Vehicle driven by the victim E (the age of 48) who was driving an opposite lane by the negligence of the Defendant running along the center line.

Ultimately, at around 13:47 on the same day, the Defendant caused the said victim’s death by the occupational negligence, such as submergating inside and leaving the H hospital located in Yasan-gu G in Yasan-si, and caused the victim I (28 years of age) who was on board the bus to suffer bodily injury, such as salt, tensions, etc. of the chills, which require approximately two weeks of treatment, and caused the victim J (87 years of age) to suffer bodily injury, such as salt, tensions, etc. of the chills in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of J and I;

1. A traffic accident report;

1. Reports on internal accidents (accident site conditions, etc.);

1. A corpse of corpse;

1. Each written diagnosis;

1. Photographs of the accident site;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution;

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