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(영문) 전주지방법원 2015.05.26 2015고단82
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 driving of C urban buses.

On July 5, 2014, at around 20:48, the Defendant driven the bus and proceeded at about 40 km each hour from the direction of the Jeondjin Police Station to the Empt, the road of five lanes near the bus platform in Jinjin-gu Seoul Metropolitan City.

At the time, the night is getting off and getting off, and there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with the speed reduction and driving the front door well, etc.

Nevertheless, the Defendant neglected to do so and proceeded on the part of the fronter part of the bus of Defendant F(85 years of age) who is driving along the lane from the Emart Jinjin Police Station to the fronter of the bus.

Ultimately, around January 11, 2015, around 05:40 on January 11, 2015, the Defendant caused the victim’s death by occupational negligence, resulting in the death of the victim, such as the right mouth, the bones of the bones, and the infection in the Hvalescent Hospital located in Mapo-gu G in Geumcheon-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Each investigation report (Attachment to a medical statement, medical opinion, etc.), and medical opinion;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (to hear medical statements by doctors in the H care hospital, grounds for death, etc.);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing (the scope of recommendation) of Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the reasons for sentencing below) of the suspended sentence (the scope of recommendation) of the general traffic accident of category 2 (the special mitigation area (two to ten months) (the special mitigation area) is also the victim who is not subject to punishment in a case where there is a considerable fault in causing or expanding traffic accidents.

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