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(영문) 광주지방법원 2014.10.30 2014고단2807
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of the urban bus (217) for the net traffic of C New Daily.

피고인은 2014. 5. 18. 13:50경 위 버스를 운전하여 전남 화순군 동복면 김삿갓로 708 앞 편도 2차로의 도로를 남면쪽에서 동복소재지 쪽으로 2차로를 따라 시속 약 30km로 진행하게 되었다.

In this case, a driver of a motor vehicle has a duty of care to safely drive the steering system, brakes, and other devices of the motor vehicle and to prevent accidents in advance.

Nevertheless, the defendant neglected this and got the victim E(66 years old) who was on the front side of the D D D D D, which was stopped on the right side of the running direction due to the negligence of driving, and let the said D D, which was under the stop on the right side of the driving direction, get the said D, which was under the influence of the said D, to reverse.

Ultimately, at around 15:42 on May 18, 2014, the Defendant caused the death of the victim by occupational negligence in the emergency room of the Yannam University Hospital located in the west-ro 322, Seoyang-ro, Seoyang-ro, Yannam-gun, Yannam University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Each description of the actual survey report and the death diagnosis report (E);

1. Application of each video statute to a scene photograph;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. The scope of recommendations for sentencing under Article 62-2 of the Social Service Order Criminal Act and the scope of general traffic accident mitigation area: The victim died on the job due to the instant accident from April to October of the imprisonment without prison labor. Considering that the result is significant, a person who is selected as a imprisonment without prison labor but whose family is not subject to punishment of the defendant, and his/her family is subscribed to a comprehensive insurance and appears to reflect on the instant crime.

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