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(영문) 의정부지방법원 2017.04.18 2016고단5009
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a modern city bus.

On October 18, 2016, the Defendant driven the above bus around 19:20 on the 19:0 on the 19:10, while proceeding one-lane from the 3-lane to the 3-lane from the 127th west from the west side of the Guri-si to the west from the west side of the Guri-si, while making a non-protective left-hand turn to the west of the earth.

The driver of a motor vehicle has a duty of care to prevent accidents by properly examining the right and the right and the right of the front side of the motor vehicle in such cases, because there is an error that moves in accordance with the new code on the road at the time.

Nevertheless, the defendant neglected to do so and did not neglect it and did so at all times, and conflict with the front part of the ESCOTRT 110 OCOT 110 Oba in front of the above bus driver's seat at the time.

Accordingly, the Defendant caused the above-mentioned occupational negligence to death by pressure on brain at the Hanyang University Hospital, which is located in 153, Mari-si, Mari-si, Mari-si, 23:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. One CD;

1. A death certificate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General traffic accident Type 2 (Death by Traffic Accidents) [In four months to one year] the mitigation area (including efforts to recover damage), the decision of sentence] agreement with the bereaved family members of the victim, the defendant does not have any previous conviction other than the fine once every forty years, the degree of negligence of the defendant and the victim, the defendant's age, sex behavior, environment, motive for the crime, circumstances after the crime, etc. shall be determined as per the order.

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